AbleToTrain by Willing & Able

Obligation Of Your Attorney To Confidentiality

If you have retained an attorney, the attorney may be kept responsible for not keeping secret such details about your conversation. Under the Principles of Professional Conduct of the State Bar of California, with few exceptions, an attorney has a duty to maintain client confidentiality.

In attorney-client privilege, the most basic concept is the protection of the private details of the client, which includes the conversations conducted between the lawyer and his or her clients. The right of the attorney-client helps to enable clients to obtain legal advice and to consult with their counsel thoroughly and honestly about all issues, even though they are embarrassing and legally harmful. In addition, the right of the attorney-client covers matters addressed to the attorney in trust by the client, as well as matters covered by the doctrine of the work-product (writings that represent the observations, assumptions, views, or legal analysis or hypotheses of an attorney) and professional confidentiality requirements. In criminal trials and other proceedings, matters protected by the attorney-client privilege and the work product doctrine apply.

An attorney is unable to disclose the private details or sensitive comments of a client to any of the following: judges, friends or relatives, employers, and/or police departments.

If an attorney is to reveal sensitive consumer details, it should not be done without the written consent of the client.

No Longer Confidential: Losing the Attorney-Client Privilege

Although lawyers are required to maintain the protection of attorney-client, there are many conditions that can occur that may result in losing the right to confidentiality of a client, also known as waiver.

Unfortunately, if a client has revealed private details about his or her case to the lawyer in a public environment, their interaction is no longer considered private. Talking in an open space Anyone who heard the conversation will testify against the client if the conversation is kept loud enough for someone to listen in. If a client does not have a fair privacy expectation, he or she then waives the right of privilege from the attorney-client.

Conversations conducted in detention systems- They should not assume confidentiality until a client talks privately to his or her lawyer. This is because phone use is tracked by most jailhouse systems. In addition, speaking to an attorney in an open space where other inmates are also housed can cause other inmates and/or prison guards to hear some data. You may be testified against by any person who listens to this form of conversation.

Inviting other non-clients to be present in the discussion, many clients will also want to bring members of their families, friends, or significant others to a moral support consultation. Although this is understandable, the client will possibly be forfeiting his or her attorney-client privilege by taking other non-clients to a meeting with the lawyer where otherwise private details would be addressed. Whether the other party is also a customer and/or may help the case grow, a customer should always be careful to bring others into the discussion.

If you are uncertain whether it can damage your case to include your significant other in the discussion, consult your lawyer before the event.

Sharing details about the case with others- Even if a customer discloses private information to other people about his or her case, he or she has no right to expect privacy. A client who talks to his or her partner can, under certain cases, have a different right, but that is not always the case. Without fearing a forfeiture of his or her attorney-client rights, a client can never reveal information about the event.

Seeking specialist assistance

Although there are some incidents that can constitute the waiver of attorney-client privilege, consult with an expert attorney who can advise you in the matter if you otherwise believe that you have not made an error. Many consumers demand professionalism from their hired lawyers and they have every right to do so. Sadly, an attorney can commit an error, which may trigger significant grievances on your behalf. If this is the case, consult an experienced attorney who is willing to help you deal with legal malpractice.