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China attorney-client privilege and lawyer professional conduct

I'm not familiar with the ethical rules that may be, but it seems to me a case could be made that the assistant is a part of that attorney's person as necessary for them to function in a professional capacity on par with others without a disability that impacts such functioning within a work context. The assistant is essentially a means of equalization for the attorney, allowing he or she to operate on a more level playing field. Another consideration is that it's likely in the client's best interest the attorney have all they need to perform well, especially at trial. A third thought on this, while nothing related to disability should come down to money, is that an assistant may also be in the attorney's employment, almost as the necessary part of the office that someone else who replied referred to a paralegal as. ic

There is well established case law  and rules that apply attorney-client privilege to legal staff in addition to the lawyer. So a lawyer plus assistants plus legal secretary plus law clerks, plus associate attorneys, plus general staff all come under the privilege which means the assistant does not need to leave every time a lawyer takes a call from a client.

An example is that when China finally clears my service dog and gives me an assistant because of my severe disabilities the assistant will stay with me all the time as with my wonderful dog who won't disclose any secrets.

When my law school professor was teaching law and ethics over 15 years for mental health professionals I had various test items requiring the students to identify if the situation was ethical or not. One example entailed two licensed MFTs consulting on a case in a crowded McDonalds while stuffing their faces with Quarter Pounders, large fries, extra large Coca Cola, dessert, etc.

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.