WHat is a Lawyer's Duty to Keep Client Information Confidential?

If you are thinking about consulting an attorney regarding your divorce or other domestic relations matter, you may already know that your communications with him/her are protected. However, it is important to know what type of protection the law affords clients (and potential clients) and what this means for you. There are two main sources of protection for clients: the attorney-client privilege and the ethical duty of confidentiality.
 
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Attorney-Client Privilege vs. Confidentiality:
 
The attorney-client privilege stems from rules of evidence and protects the client against having third parties compelling his/her attorney to disclose the content of attorney-client communications (oral or written) made for the purpose of getting legal advice or assistance in a legal matter. Simply put, if you are a client or potential client of a licensed attorney and you share information to get legal advice or assistance, the privilege will protect your communications from being divulged to others without your permission. This privilege may be asserted in formal discovery or even in court to keep these communications private.

On the other hand, the duty of confidentiality stems from the rules of professional conduct and has a broader application. While the attorney-client privilege protects communications between you and the attorney, the duty of confidentiality generally bars attorneys from revealing information they learn that relates to their representation of their clients unless they have permission from the client to disclose it. This includes information learned from sources other than the client. For example, if an attorney learns information about the client during interviews with potential witnesses, while not privileged, that information is within the scope of the duty of confidentiality.
 
What this means for you as a client:
 
Generally, both the attorney-client privilege and the duty of confidentiality are there to strengthen your relationship with your attorney. By building trust so that you may comfortably share information with your attorney, they enable your attorney to better provide appropriate advice based on the complete and accurate information that you share. As a client in a divorce or other family matter, it is important to keep the following in mind:

1. Your discussions and writings to your attorney are protected, so consider your attorney’s office to be a “safe space” where you can share everything that might be relevant to your legal matters.
2. Always be honest and forthcoming with your attorney. Most people have some skeletons in their closet, especially in domestic relations matters, but if they share them with their attorneys early on, they will be better prepared to advocate for them. One of the worst scenarios for an attorney is to be surprised in court with damaging information or an email or picture that the client never shared or mentioned.
3. It is important to note that if you share your attorney-client communications with your family or friends, you may end up waiving the attorney-client privilege.
4. So long as you are using safe methods of communication that are not accessible to third parties, you should feel confident that whatever you share with your attorney will remain between the two of you. Avoid using work email accounts or your work computer when emailing your attorney as your employer may have access to them.
5. While you should share everything with your attorney, you should never ask him/her to present false information in court. Ethical rules bar attorneys, as officers of the court, from presenting evidence to the court that they know to be untruthful.
6. Although the communications between you and your attorney are protected by the attorney-client privilege, this does not extend to documents that are provided to your attorney during your representation. These documents may be requested in discovery, and you must produce them if asked.

At Elsayed Law, we hold sacred the duty of confidentiality and faithfully safeguard our clients’ confidential information. Contact us to schedule a consultation and get advice regarding your legal matter.

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