Confidentiality is a crucial component of the attorney-client relationship. When you speak with a legal representative, you expect your information to stay private. This duty is not just ethical. It is also a legal obligation.
A breach of confidentiality can damage your case and may even amount to legal malpractice. Here are some important points to consider.
The significance of confidentiality
Lawyers have a duty to keep client information private. This applies to anything a client says in confidence, along with documents or case details shared during appointments. The duty continues even after the case ends or the lawyer-client relationship is over.
There are some exceptions. A lawyer may disclose information if a client gives permission, if required by law or if it is necessary to prevent serious harm.
Examples of confidentiality breaches
Some of the most common examples of breaches of confidentiality include:
- Talking about a client’s case in public places
- Sharing case details with family or friends
- Sending emails to the wrong recipient
- Losing paper files or unsecured electronic data
- Discussing a case on social media
Even casual remarks can violate confidentiality if they reveal the client’s identity or sensitive facts about the case.
Not every breach amounts to legal malpractice. For a claim to succeed, the breach must cause real harm. For example, if a legal representative leaks information that results in a lost case or financial damages, the client may have a strong basis to sue.
If a previous attorney breached your confidentiality agreements, you can correct this. Seeking legal guidance will help assess your case in more detail.