HopefullyInLawSchool
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Simple English definitions for legal terms
scrivener's exception
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A quick definition of scrivener's exception:
Scrivener's Exception: A rule that says if a lawyer is hired to do a simple task like filling out a form or writing a document, then the information shared between the lawyer and client is not protected by attorney-client privilege. This means that the information can be shared with others and used in court if needed.
A more thorough explanation:
The scrivener's exception is a legal term that refers to an exemption from the attorney-client privilege. This exemption applies when an attorney is hired to perform a task that is purely administrative or ministerial in nature, such as preparing a standard legal document.
For example, if a client hires an attorney to simply fill out a pre-printed form, the attorney-client privilege may not apply. This means that any information shared between the client and attorney during this process may not be protected under the usual rules of confidentiality.
Another example of the scrivener's exception might be if a client hires an attorney to file a routine legal document, such as a trademark application. In this case, the attorney may not be considered to be providing legal advice, and any information shared between the client and attorney during this process may not be protected.
Overall, the scrivener's exception is an important legal concept that helps to clarify the boundaries of the attorney-client privilege. By understanding when this exception applies, clients can make more informed decisions about when and how to seek legal advice.