Stoker Law Firm does never sells your personal information, nor will we use such information for any reason other than as is reasonably necessary to assist you with the specific legal issues for which you may engage us. Information submitted via links contained in this site is securely transmitted and kept by the Firm.
Limited Application of the Attorney-Client Privilege: In the absence of an executed engagement letter between you and Stoker Law Firm, certain communications may still fall under the Attorney-Client Privilege and be protected from detrimental or unwanted disclosure. This privilege will only apply to communications made between a party and an attorney, related to and in furtherance of obtaining legal assistance. However, certain information may require disclosure by the attorney depending on the circumstances.
*Attention California Residents:
Rule 1.6 of the State Bar of California grants an attorney discretion to reveal information otherwise protected if the attorney reasonably believes such disclosure is necessary to prevent a criminal act which said attorney reasonably believes is likely to result in death or substantial bodily harm to an individual.
*Attention Massachusetts Residents:
Rule 1.6 of the Massachusetts Supreme Judicial Court (SJC) Rules of Professional Conduct ("Rules of Professional Conduct") grants an attorney discretion to reveal information otherwise protected the attorney reasonably believes such disclosure is necessary to prevent:
(1) reasonably certain death, substantial bodily harm, or wrongful execution or incarceration of another;
(2) the commission of a criminal or fraudulent act which the attorney reasonably believes is likely to result in substantial injury to the interests of another whether they be financial, property, or other significant interests;
(3) to prevent, mitigate, or rectify substantial injury to financial, property, or other significant interests of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the attorney's services;
(4) to secure legal advice about the attorney's own compliance with the Rules of Professional Conduct;
(5) to establish (i) a claim or defense on behalf of the attorney in a controversy between the attorney and the client, (ii) a defense to a criminal charge or civil claim against the lawyer based upon conduct involving the client, or to respond to allegations in any proceeding concerning the lawyer's representation of the client;
(6) to the extent permitted or required under these Rules or to comply with other law or a court order; or
(7) to detect and resolve conflicts of interest arising from the lawyer's potential change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.
In some other circumstances, an attorney in Massachusetts may be required to disclose certain information:
Rule 3.3(b) of the Rules of Professional Conduct requires an attorney to take reasonable remedial measures when said attorney is involved in an adjudicative proceeding and knows that a person engaged in, plans to engage in, or is engaging in criminal or fraudulent conduct related to the proceeding, including if necessary, disclosure.
Rule 4.1(b) of the Rules of Professional Conduct instills a duty upon an attorney to disclose "material facts" to a third party insofar as is necessary to avoid assisting a criminal or fraudulent act by a client, and except as may be prohibited by Rule 1.6 above.
Rule 8.1 of the Rules of Professional Conduct relates to the attorney's obligation to disclose information about an applicant for admission to the Bar and attorneys subject to a disciplinary proceeding necessary to correct a misapprehension about the person, except when such information is protected from disclosure pursuant to Rule 1.6 above.
Rule 8.3 of the Rules of Professional Conduct requires an attorney to report professional misconduct of another attorney or a member of the judiciary which raises a substantial question as to the fitness of said person to serve in such capacity to the Board of Bar Overseers for an attorney, and the Commission on Judicial Conduct for a judge.