Lawyer-client confidentiality protects communication between a client and an attorney. This privilege encourages clients to be honest with their attorneys, which is integral to effective legal representation. It also fosters trust between a client and their attorney.
When an attorney discloses information protected by this privilege, they may have created grounds for a legal malpractice case.
Here is what you need to know:
Which information is protected?
Lawyer-client confidentiality applies to information a client provides to a lawyer by virtue of representation. Matters communicated by a prospective or existing client to an attorney in confidence generally fall under the principle of lawyer-client confidentiality. Even if a lawyer does not end up formally representing you, it may be unlawful for them to reveal information you provided if you had reasonably believed it would be confidential.
Lawyer-client confidentiality also encompasses matters protected by the work product doctrine, which includes documents or tangible materials prepared by an attorney in anticipation of litigation. For example, witness statements gathered by an attorney or writings reflecting an attorney’s impressions, legal research or opinions.
Lastly, matters protected under ethical standards of confidentiality should not be disclosed by an attorney. This includes information acquired using any source during a client’s representation.
Are there exceptions?
An attorney may disclose information protected by lawyer-client confidentiality in some circumstances without getting into trouble. For example, when a client gives their attorney informed consent to do so. In some instances, an attorney can disclose information without their client’s consent, for instance, when a disclosure favors the preservation of human life.
The principle of lawyer-client confidentiality is critical in the legal field. If your lawyer breached this duty, causing you harm, learn more to protect your rights.