Attorney Profiles

Malecki Law provides comprehensive, skilled representation through highly qualified attorneys who prioritize high quality legal services within a client’s budget and risk tolerance. Malecki Law takes its client’s confidences and trust extremely seriously.

It is critical to understand what an established relationship between clients and their lawyers entails. First and Foremost, the attorney client privilege of confidentiality attaches on the very first call or email when a potential client seeks representation. Even if the lawyer is not engaged, the secrets that the client has told the lawyer can never be divulged. Through rules such as attorney-client privilege, the sanctity of correspondence between an individual and their legal representation is preserved in a way that applies legally, opens the pathway for transparency, and creates a higher potential for success. Attorney-client privilege is a directive indicating that an attorney is not at liberty to reveal any confidential information of their client. This entitlement functions to ensure proper representation based on all relevant information – i.e., the good and the bad – so that the client knows what risks it faces in any litigation and the costs to achieve the goals. Whether a potential client engages in communication with an attorney for legal advice, a lawyer acts within their legal capacity (as opposed to a personal relationship) or there was a private communication intended to be kept as such by the client, the attorney-client privilege applies.

Specific to securities, there are a variety of cases involving insider trading through which a relationship or partnership built upon confidentiality, trust, and confidence is broken by using nonpublic information to purchase securities or tip information to other parties, etc. The SEC charged an attorney based in California, along with his wife, for insider trading based on information received by a corporate client in 2014. That being said, the SEC has been involved with filing various insider tradition lawsuits between parties including attorneys, financial professionals, and parties in which confidentiality is required for the effective existence of capital markets. This highlights the importance of preserving and pursuing confidentiality between a lawyer and a client. The moral of this story is that attorneys can in no way act on information derived in a confidential relationship, including for their own benefit. Similarly, if a wrongdoer or a whistleblower tells confidential information to a lawyer, the lawyer may not report that conduct or information to any state, federal, regulatory or self-regulatory body unless required and permitted to prevent death or serious injury.

In addition, lawyers are expected to keep all written and oral communications with their clients private unless otherwise noted. A client’s consent is valued even when divulging confidential information within the legal team of that legal practice. Only a client can determine the conditions in which to waive the privilege, such as the “reliance on counsel” defense. These rules of confidentiality prevent legal counsel from being able to testify about any statement made by their clients or even consider speaking about information regarding a client informally.

The attorney client privilege is taken seriously and is the foundation of interactions at Malecki Law. Two facets create an attorney-client relationship: an individual that seeks legal advice and the attorney that provides legal advice or resources to access legal advice. Once that relationship is created, then there are professional obligations between the client and the attorney that must be maintained. Once a relationship-driven by professional responsibility is established, an attorney’s fundamental requisite is to provide competent representation as well as be a diligent advocate.

Fraud can severely impact individuals through various walks of life and strain their financial security. Malecki Law has worked to support client needs and strive for favorable results for over two decades. Attorney’s at Malecki law have prioritized professionalism, efficiency, and diligence while serving their clients. Malecki Law has served whistleblowers, industry professionals, Fortune 500 companies as well as everyday citizens that want justice. If you have been a victim of schemes, affinity fraud as well as unethical broker conduct, call us at calling 212-943-1233 or emailing jenice@maleckilaw.com.