Define: Scriveners Exception

Scriveners Exception
Scriveners Exception
Quick Summary of Scriveners Exception

The Scrivener’s Exception is a rule that states that when a lawyer is hired for a basic task such as completing a form or drafting a document, any information exchanged between the lawyer and client is not considered confidential under attorney-client privilege. Consequently, this information can be disclosed to third parties and utilised in a court of law if necessary.

Full Definition Of Scriveners Exception

The scrivener’s exception is a legal term that describes a situation where the attorney-client privilege does not apply. This exception is applicable when an attorney is hired for administrative or ministerial tasks, such as filling out a standard legal document. For instance, if a client hires an attorney to complete a pre-printed form, the usual rules of confidentiality may not protect the information shared between them. Another example of the scrivener’s exception is when an attorney is hired to file a routine legal document like a trademark application. In such cases, the attorney’s role may not be considered as providing legal advice, and any information exchanged during this process may not be safeguarded. Understanding the scrivener’s exception is crucial, as it helps define the limits of the attorney-client privilege. Clients can then make more informed decisions about when and how to seek legal advice.

Scriveners Exception FAQ'S

Scrivener’s Exception is a legal doctrine that allows for the correction of minor errors or mistakes in legal documents, such as typographical errors or clerical mistakes.

Under Scrivener’s Exception, a court has the authority to correct minor errors in legal documents without invalidating the entire document. This allows for the correction of mistakes that do not affect the substance or intent of the document.

Typographical errors, misspellings, incorrect dates, and other minor mistakes can be corrected under Scrivener’s Exception. However, it does not apply to substantive errors or changes in the terms of a contract or agreement.

No, Scrivener’s Exception only allows for the correction of minor errors and mistakes, not substantive changes to the terms of a contract. Any changes to the substance or intent of a document would require a separate legal process.

To request a correction under Scrivener’s Exception, you would typically file a motion with the court that has jurisdiction over the document in question. The motion should clearly outline the specific error or mistake and provide evidence supporting the need for correction.

There may be time limits for requesting a correction under Scrivener’s Exception, depending on the jurisdiction and the specific circumstances. It is advisable to consult with a legal professional to determine the applicable time limits in your case.

Yes, Scrivener’s Exception can be used in criminal cases to correct minor errors or mistakes in legal documents, such as indictments or charging documents. However, it cannot be used to change the substance or elements of the criminal charges.

Yes, Scrivener’s Exception has limitations. It cannot be used to correct errors that would substantially change the meaning or intent of a document. Additionally, it may not be applicable in certain jurisdictions or for certain types of legal documents.

Scrivener’s Exception can be used in various types of legal documents, including contracts, deeds, wills, and court filings. However, its applicability may vary depending on the specific jurisdiction and the nature of the document.

Yes, Scrivener’s Exception can be used to correct errors made by attorneys, as long as the errors are considered minor and do not substantially affect the document’s substance or intent. However, it is important to consult with a legal professional to determine the best course of action in such cases.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 30th April 2024.

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