when you share confidential information with lawyer

Yes. You have the right to share confidential information with your attorney so that you can get legal advise. Whether the attorney can use the information is separate question.

Full Answer

Can a lawyer disclose confidential information to a potential client?

Why do I need to share sensitive information with my lawyer?

Can a lawyer give you confidential legal advice?

The source of the information does not matter with respects to the duty of confidentiality. If your lawyer has learned information about you from a person besides yourself, they cannot disclose the information if it is related to your claim. Also, the duty of confidentiality begins even before a lawyer-client relationship has officially been formed. When you initially meet with an attorney, …

Are there limits to attorney confidentiality?

Client-Lawyer Relationship. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer …

What is it called when you share confidential information?

Can I share confidential emails with my lawyer?

How do you explain confidentiality to a client in law?

What is confidentiality between lawyer and client and why is it important?

What should you not say to a lawyer?

Are emails between two attorneys privileged?

Why is confidentiality important in legal?

Which of the following prevents the disclosure of confidential information as evidence?

How do you explain confidentiality?

Do lawyers have to keep confidentiality?

How do you know if your lawyer is selling you out?

What information is covered by the duty of confidentiality?

Losing Your Right to Confidentiality: Speaking in A Public Place

Suppose you discuss your case with your attorney in a restaurant, loud enough for other diners to overhear the conversation. Can they testify to wh...

Losing Your Right to Confidentiality: Jailhouse Conversations Via Phone

Jailhouse conversations between defendants and their attorneys are considered confidential, as long as the discussion takes place in a private area...

Losing Your Right to Confidentiality: Inviting Others to Be Present

For perfectly understandable reasons, defendants sometimes want their parents, spouses, or friends to be present when they consult with their lawye...

Losing Your Right to Confidentiality: Sharing The Conversation With Others Later

Blabbermouth defendants waive (give up) the confidentiality of lawyer-client communications when they disclose those statements to someone else (ot...

What is client lawyer confidentiality?

The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.

What factors are considered in determining the reasonableness of the lawyer's expectation of confidentiality?

Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by ...

What should a lawyer assert on behalf of the client?

Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law or that the information sought is protected against disclosure by the attorney-client privilege or other applicable law.

What is an authorized disclosure?

[5] Except to the extent that the client's instructions or special circumstances limit that authority, a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation.

What is a 3.3 disclosure?

See Rule 3.3 (c). Acting Competently to Preserve Confidentiality. Former Client.

Why do clients come to lawyers?

Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal and correct. Based upon experience, lawyers know that almost all clients follow the advice given, and the law is upheld. [3] The principle of client-lawyer confidentiality is given effect by ...

Can a lawyer disclose information?

A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope. [4] Paragraph (a) prohibits a lawyer from revealing information relating to the representation of a client.

What is lawyer confidentiality?

Essentially, lawyer confidentiality means that a lawyer cannot share any oral or written statements from his client, or that he made to his client, without that client’s consent. Even if a potential client goes into discuss a case with a criminal attorney and then chooses another legal representative for his or her case, that first lawyer cannot reveal anything discussed during their consultation because he or she was acting as an attorney at the time.

Why is my lawyer not protected?

If you are talking to your friend who is a lawyer, or someone on a board of directors who happens to be an attorney, what you say will not be protected because that person was not acting as your legal representative at the time. Another limit to lawyer/client confidentiality is that you also may not tell your lawyer about a future crime you intend ...

Can you talk to your lawyer in public?

While your attorney must keep your conversations confidential, others are not subject to these limits to lawyer confidentiality, so if you meet your lawyer in public or talk to him or her on a cellphone while in public, anyone who overhears you could share that information with police or prosecutors. This is why you should only discuss things you want to keep confidential with your lawyer in a place where you can reasonably expect privacy. Additionally, if you tell someone about what you and your lawyer talked, that person could be compelled to testify about what you told them.

Can you tell your lawyer about a future crime?

Another limit to lawyer/client confidentiality is that you also may not tell your lawyer about a future crime you intend to commit and expect that information to remain confidential in the future. It is worth knowing that the courts have ruled that your defense attorney will only be forced to testify to this information if ...

Do lawyers have to disclose information?

In some cases, your lawyer may be ethically required to disclose certain communications or risk disciplinary sanctions or even criminal charges. For example, if you told your attorney that someone else is going to give or has given a perjured testimony, if you reveal the location of a missing person whose life is in imminent danger, or if you threaten to harm someone related to the case, your attorney may have to reveal what you said to the court or the police depending on the situation. Also, if you give your attorney a crucial piece of evidence, he or she may have to turn it over to the police or prosecution.

Is there a limit to confidentiality of a lawyer?

Limits to Lawyer Confidentiality. While most of what is said between a lawyer and his client is privileged, there are limits to attorney confidentiality. To start with, what you say to an attorney is only protected if that lawyer was working for you in a legal capacity. If you are talking to your friend who is a lawyer, ...

Can an attorney advise a client to hide evidence?

Finally, an attorney’s communication to a client is not protected if it is intended to obstruct justice or aid in the commission of a crime. An attorney cannot advise a client to hide or destroy evidence and expect the communication to remain privileged. If you believe your lawyer is advising you to do something illegal, you may want to speak with another attorney as soon as possible in order to protect yourself.

What are you expected to share with your attorney?

As a client, you are expected to share with your attorney as much information as needed to further the cause of your case. However, as a client you’re also entitled to understand what your rights are concerning the standards of confidentiality.

What are the requirements for disclosure of confidential information?

Information that is normally protected under the Duty of Confidentiality may be disclosed under the following circumstances: 1 Consent: Information may be revealed if the client consents to disclosure. This may either be express (i.e., oral or in writing) or implied from the client's conduct. The client must be informed as to the consequences of disclosure. 2 Self–Defense of Attorney: The attorney can disclose confidential information if it is necessary to defend themselves against a personal claim that the client filed against them. 3 Prevent Client from Committing a Crime: If the client is about to commit a crime involving the death or serious bodily injury of another, the attorney can disclose information regarding the crime. This also applies to crimes involving serious financial loss. 4 Court Order or Rule of Law: If a court orders the attorney to make a disclosure, or if it is required by law, they will be required to follow the judge's instructions.

What is attorney client privilege?

The attorney–client privilege is actually an evidentiary rule and is intended to encourage frank and open dialogue between the client and the attorney they have hired.

Why is client confidentiality important?

If your lawyer is to represent you effectively, it is very important for you to feel a sense of trust and confidence in your legal counsel. Your legal issue may involve a number of sensitive and private matters. Understand that all attorneys are held ...

Why is it important to inform your lawyer of your case?

This is why it is always important to inform your attorney if a different attorney has worked on your case before, or has worked on a similar case you were involved in. Such information remains confidential and can have consequences regarding what may or may not be disclosed in a subsequent case. Be sure to inform your lawyer of any past lawsuits as well as the entire history surrounding your legal claim.

Why is it important to keep your legal information confidential?

This is to allow the attorney a chance to see if they can take your case or not. This information is also to be kept confidential if it relates to your particular legal claim. The duty also applies even if no formal lawyer-client relationship is ever formed.

When is the duty of confidentiality required?

Also, the duty of confidentiality begins even before a lawyer-client relationship has officially been formed. When you initially meet with an attorney, you will likely have to disclose a certain amount of information even before you hire them. This is to allow the attorney a chance to see if they can take your case or not. This information is also to be kept confidential if it relates to your particular legal claim. The duty also applies even if no formal lawyer-client relationship is ever formed.

Why is confidentiality important in law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

What is the client privilege?

The Client's Privilege. Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

Can a lawyer disclose confidential information to a prospective client?

Preliminary communications between a potential client and a lawyer are normally subject to the attorney-client privilege. That means that lawyers can't disclose what prospective clients reveal in confidence even if the lawyers never ends up representing them. ( In re Auclair, 961 F.2d 65 (5th Cir. 1992).) To be sure, though, you should confirm with a prospective lawyer that the privilege applies before you reveal anything you want to keep secret.

Can a client overheard a lawyer testify?

But a client who speaks to a lawyer in public wouldn't be able to prevent someone who overheard the conversation from testifying about it. Similarly, a client can forfeit the attorney-client privilege by repeating a conversation with an attorney to someone else, or by having a third person present during a conversation with the lawyer. No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Gary Raymond Basham

I agree with Mr. Holzman's advice. Also, remember that you should never tell any third party what you told your attorney or the privilege may be waived. Of course, speak with your attorney about your concerns. If you are interviewing attorneys to hire, explain your situation and make sure the attorney agrees that your conversation is privileged.

Brad S Kane

Yes. You have the right to share confidential information with your attorney so that you can get legal advise. Whether the attorney can use the information is separate question.

Daniel Michael Holzman

I'm going to answer your question in the general sense. Information that you discuss with your attorney is considered attorney-client privilege and your employer is not entitled to know any information that you discuss with your attorney. Best of luck.

What happens if a defendant discloses a conversation with their attorney?

If a defendant later discloses the contents of a conversation with their attorney to a third party, the confidentiality of that conversation will be waived. There are exceptions to this rule for spouses and sometimes religious figures, such as priests. In general, though, once a defendant voluntarily reveals information, they have no further expectation of privacy.

What is the duty of confidentiality?

The Duty of Confidentiality. Similar to the attorney-client privilege, a duty of confidentiality covers communications between a lawyer and a client. This applies to oral and written communications by the client to the lawyer and by the lawyer to the client. An attorney cannot reveal the contents of these communications without getting consent ...

What happens if you tell a defendant that their phone calls may be monitored?

If prison authorities tell a defendant that their phone calls may be monitored, this warning may remove confidentiality for any phone calls that the defendant makes afterward. A prison guard who hears a defendant discuss the facts of their case with their lawyer may be able to testify about what they said.

What happens if a defense attorney persuades the judge that the presence of the third party was necessary

If the defense attorney can persuade the judge that the presence of the third party was necessary to further their representation, the conversation will remain confidential. The third party might have played a critical role in helping the lawyer understand the facts of the case or develop their strategy. The court also may consider whether the ...

Can you testify in court if you hear someone talking on a cell phone?

If other people overhear an audible conversation between them in a public place, they may be able to testify about the contents of that conversation in court. Sometimes this rule arises when a client discusses a case on a cell phone in public.

Can a lawyer ask a friend to testify?

A defendant may ask a friend or family member to join them in a meeting with their lawyer. This may result in a waiver of confidentiality for that conversation, since those third parties are not part of the relationship between the attorney and the client. In theory, the prosecutor could ask the third party to testify about the conversation, or sometimes the prosecutor might even be able to ask the defendant to testify. If the defense attorney can persuade the judge that the presence of the third party was necessary to further their representation, the conversation will remain confidential. The third party might have played a critical role in helping the lawyer understand the facts of the case or develop their strategy. The court also may consider whether the defendant intended the conversation to remain confidential.

Can a prisoner waive the duty of confidentiality?

The defendant must be careful to avoid eavesdropping by prison officials or other inmates, which can waive the duty of confidentiality. Guards or inmates might claim that the defendant was talking loudly enough to be overheard. This would allow them to testify about the conversation.

Why is confidentiality important in a lawyer?

Confidentiality prevents a lawyer from testifying about statements made by a client. A lawyer owes their client a duty of confidentiality, which means that they can’t discuss information the client has shared with them with anyone else. All private information related to a client must be kept secret.

Who is obligated to maintain confidentiality of information overheard?

If you’re in a private setting like a doctor’s office, any other person who is an agent of the professional (the nurse, for example) would be obligated to maintain the confidentiality of any information overheard.

What is privileged communication?

Privileged communications are interactions between two people that the law considers to be protected because of the relationship between those people. That means that whatever is said or otherwise communicated between those people can remain confidential and the law can’t force either person to share it with anyone else, including law enforcement officials or the courts.

Why is attorney-client privilege important?

The purpose of privilege is so that you feel comfortable sharing all relevant information with your attorney.

Why would sharing on a bus lose privilege?

However, if that same communication is shared on a public bus, in a crowded restaurant, or on social media, it would lose privilege because those are spaces where it can be overheard or understood by other people.

Which relationships are entitled to privileged communications?

These are the relationships that are entitled to privileged communications: Attorney and client. Doctor and patient (or therapist and patient) Clergy (rabbi, priest, or another religious official) and congregant. Accountant and client. Spouses.

Can a lawyer settle for the other driver's negligence?

Your lawyer isn’t able to get the driver’s insurance company to settle for the amount you request, so you file a personal injury lawsuit for the other driver’s negligence.