What If Your Lawyer Is Not Confidential?

 If you hire a lawyer for legal representation, you always expect the lawyer to maintain confidentiality. Every client expects confidentiality, which is covered under the attorney-client privilege. This duty prevents lawyers from testifying or being forced to testify concerning their client's statements. Meaning, every client‘s information must be kept confidential even if it’s from another source. In most cases, lawyers find themselves breaching confidentiality unintentionally. However, the client may still suffer loss as a result. If your information has been revealed to your family members, friends, employers or even prosecutors without your consent, you may have a malpractice claim

What Happens When Confidentiality Is Breached?

If your confidentiality has been breached, the best thing you can do is to look for an Atlanta legal malpractice lawyer to help you determine whether the breach can lead to a malpractice claim. This is because your information is kept confidential if made in a context where confidentiality would be reasonable. For instance, you cannot meet your lawyer in a waiting bay and speak loud enough such that others overhear your conversation. In such a case, you will have no reason to expect confidentiality. Though your lawyer has to maintain confidentiality, there are also exceptions. You expect to lose your right to confidentiality is:

ü You speak to your lawyer over the phone

ü You have a conversation while other people are present

ü You share the information with another person later

ü You talk in a public place

If the above is not present and your lawyer doesn’t maintain confidentiality, you may have a right to file a malpractice claim. However, the best thing before concluding filing would be to get advice from Atlanta legal malpractice lawyer.

 Is There Any Authorized Disclosure?

 Unless you have instructions, your lawyer is supposed to make disclosures if they will be appropriate when conducting the representation. But if it happens without your consent; you can sue lawyer for malpractice. However, there are some instances where your lawyer may be authorized to disclose. They include:

ü Your lawyer may be authorized to disclose a fact if only it can be used to facilitate a reasonable conclusion of the matter at hand.

ü A law firm may also disclose your information to one another. This is not unless you have instructions that the information is confined to specific lawyers. The information disclosed between lawyers in a firm(s) usually detects and resolves any conflict of interest. Under this situation, the lawyers are only allowed to disclose only what is essential regarding the new relationship that may occur.

ü According to The American Bar Association, your lawyer may have an exception to the rule of confidentiality. For example, if the information being disclosed is to help the authorities prevent you from committing fraud or refrain you from being caught up in wrongful conduct, this is acceptable. However, this disclosure is prohibited if it has the potential to compromise the attorney-client privilege.

ü Your lawyer may also be ordered to disclose information by the court or any other government entity

If your lawyer is not maintaining confidentially to accomplish any of the above purposes, then he/she may be acting against the fiduciary duty. You can sue lawyer for malpractice. However, attorney-client privileged is somehow different in each state; it would be better to talk to a malpractice lawyer about your legal matter. The lawyer can help you understand the duty of confidentially and advice whether there is a claim.

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Created on Jun 27th 2020 06:45. Viewed 141 times.

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