Legal Eaze #47 Sub-Contractor Lien/Not Bound by Attorney-Client Privilege

Title: May 24, 2006

Q. I hired a contractor to turn my two-car garage into a three-car garage. The contractor collected a deposit of 10 percent plus a material deposit and the remainder of the contract was to be paid when the work was completed. After completion of the project by a sub-contractor, I paid the contractor the remainder of the contract price. The sub-contractor later informed me that he had not been paid by the contractor and that he was filing a mechanic’s lien on my house. Can he do that?

A. Not unless (1) the sub-contractor served you with a 2-day preliminary notice before he began work, or sometime during or immediately after his work was completed or (2) the sub-contractor had a direct contract with you. If a contractor (as opposed to a sub-contractor) has a direct contract with you, there is no 20-day preliminary notice requirement. The contractor is allowed to file a lien within 90 days of completion of the project and then has 90 days in which to foreclose on the lien, which can be done in small claims court.

Q. I went to a lawyer for a legal consultation and my girlfriend came with me. I discussed a family law matter with him. My girlfriend knows everything about my marital problems. The attorney warned me that although he was bound by the attorney-client privilege, my girlfriend was not. What did he mean by that?

A It means that anything that is discussed in an attorney’s office is a privileged conversation and the attorney cannot discuss it with anyone else who is not affiliated with his own office. However, your girlfriend is not an attorney and she is not bound to secrecy. She does not have a duty to keep what was discussed in her presence a secret. As a result, if you ever have a fallout with her, she might discuss your private affairs with anyone she chooses to discuss them with and there will be nothing you can do about it. Hence, when you go to your attorney’s office, it is not always a good idea to bring someone with you. I realize that you may feel the need for mental support from a friend, but that defeats the purpose of the attorney-client privilege. Anyone else present in the attorney’s office, other than his staff, is not bound by that privilege.

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.