bobwhite007 Posted June 18, 2014 Posted June 18, 2014 My (ex) lawyer told a person in our community about our consultation and that my wife and I were divorcing, what should/can I do about this?
goodyblue Posted June 18, 2014 Posted June 18, 2014 If I am not mistaken, attorney_client privilege occurs when an attorney is retained. It is up to the discretion of the attorney whether it is privileged with a consultation. However, it is kind of an unwritten rule that anything said in a consult should not be discussed. So, bad form with the attorney, but nothing to by sanctioned for. This is my understanding anyway. 1
alwayshere Posted June 18, 2014 Posted June 18, 2014 I'd still go see him and put "the fear of God" in him. That was very unprofessional. 1
carhill Posted June 18, 2014 Posted June 18, 2014 My (ex) lawyer told a person in our community about our consultation and that my wife and I were divorcing, what should/can I do about this? Check with your local bar association/legal review board for parameters of attorney-client privilege and your rights in such matters and document your damages. An example might be loss of business/job, etc. Generally, anytime one goes after an attorney, one needs another attorney. Attorneys are aware of this. However, if the alleged damages are large, it can be worth one's while. Tip: Regardless of JD's, people are human and nearly always have skeletons in their closet. A direct approach isn't the only approach. 2
d0nnivain Posted June 18, 2014 Posted June 18, 2014 If I am not mistaken, attorney_client privilege occurs when an attorney is retained. It is up to the discretion of the attorney whether it is privileged with a consultation. However, it is kind of an unwritten rule that anything said in a consult should not be discussed. So, bad form with the attorney, but nothing to by sanctioned for. This is my understanding anyway. You are absolutely wrong. The privilege attaches the minute the client thinks they are talking in confidence. It's not an unwritten rule -- it's written in the canons of ethics. See ABA Model Code of ProFessional Responsibility: Rule 1.18 Duties To Prospective Client (a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. Report this lawyer to the ethics committee of your state bar association. If google bar association your state & ethics it will come up. 3
Realist3 Posted June 18, 2014 Posted June 18, 2014 By the way, did you ever get proof or did she finally cop?
Madman81 Posted June 18, 2014 Posted June 18, 2014 In my jurisdiction, a lawyer is permitted to break what we call solicitor-client confidentiality in two situations: 1. Where doing so is necessary to advance the client's interests. For instance, a lawyer acting for a client claiming damages for injuries in a car accident HAS to disclose his client's otherwise confidential medical records to the defense, because the client, as the plaintiff, has the obligation to prove his/her case by establishing the extent of the injuries and by establishing that the symptoms complained of weren't there, or weren't there to the current extent, before the accident. 2. Where the client tells the lawyer something that leads the lawyer to believe that the client is going to harm themselves, or somebody else. For instance, the client in the above example tells the lawyer "I'm so sick of how that insurance company is treating me, I'm going to take a gun and blow away the insurance adjuster." The lawyer would have to break confidentiality and phone the police. Beyond that, communications between lawyer and client should be kept strictly confidential. Your ex-lawyer shouldn't have told people that you were getting a divorce. Speak to your state's bar association about the lawyer's conduct. I don't know if, in the US, a state's bar association is an advocacy organization for lawyers, or their self-governing regulatory body, but when you call, you can ask them that too. The body you want to speak to is the regulatory body. Describe the lawyer's conduct to somebody from the regulatory body, and they'll be able to tell you if the lawyer breached his/her professional obligations.
SoleMate Posted June 18, 2014 Posted June 18, 2014 If I am not mistaken, attorney_client privilege occurs when an attorney is retained. It is up to the discretion of the attorney whether it is privileged with a consultation. You ARE mistaken. Consultation in consideration of hiring always invokes privilege in all 50 states. Of course, people wondering this should check the law in their state or other jurisdiction to be sure. 3
GorillaTheater Posted June 18, 2014 Posted June 18, 2014 Yep, contact the state bar. Chances are that they'll have a website which will explain how to file a complaint. 1
clia Posted June 18, 2014 Posted June 18, 2014 People tend to think that attorney-client privilege prevents disclosure of everything. It doesn't. Not all communications are privileged. It may depend on the laws of your state. Client identity and the general nature of the work for which the attorney was retained may not be considered privileged information in your state. It will really depend on what exactly the attorney said; again, not all communications are privileged. The privilege not a full on bar to prevent disclosure of everything. Even things like attorney invoices are often found to not be privileged information. You should be cautious before running to the state bar to report this attorney unless you are absolutely positive they violated the privilege, or you could end up with a full scale war on your hands. Attorneys don't take kindly to being reported to the state bar when they have not done anything wrong.
carhill Posted June 18, 2014 Posted June 18, 2014 You ARE mistaken. Consultation in consideration of hiring always invokes privilege in all 50 states. Of course, people wondering this should check the law in their state or other jurisdiction to be sure. Yes, in our jurisdiction we've used a strategy of targeting the major firms for proactive consult to prevent them from representing a business adversary in a particular legal matter due to privilege invoked during consultation. That's why many businesses have their own law firms on retainer. OP, should you pursue a path of complaint, even if not experiencing real damages, you'll want to have verifiable proof of inappropriate conduct. Remember, verify. 1
Try Posted June 18, 2014 Posted June 18, 2014 My (ex) lawyer told a person in our community about our consultation and that my wife and I were divorcing, what should/can I do about this? First get what proof that you can that your lawyer told them. Next send a written letter of complaint with the state bar. Tell them that you were told that you would have attorney client privilege, and then give them the details of who he told, what he told, and when he did it. Most bars take this very seriously. At a minimum they will as him to respond, which will put him on notice to shut the f**k up. 1
Realist3 Posted June 18, 2014 Posted June 18, 2014 I did misspeak earlier. If it was a consultation, even though you did not retain him/her that was a breach. BUT, now you are going to add another issue to your already hot plate with the divorce?
BetrayedH Posted June 18, 2014 Posted June 18, 2014 I did misspeak earlier. If it was a consultation, even though you did not retain him/her that was a breach. Hmm. I don't see where you misspoke. 2
gettingstronger Posted June 19, 2014 Posted June 19, 2014 Hmmmm.....Yeah, it was goodyblue that misspoke about the consult.
fellini Posted June 19, 2014 Posted June 19, 2014 Hmmmm.....Yeah, it was goodyblue that misspoke about the consult. Hmmmmmm snagged with 2 nicks! :-) 2
goodyblue Posted June 19, 2014 Posted June 19, 2014 Yes. I was the one that was mistaken. I thought that if you didn't have a retainer, it was up to the atty what was privileged information. Well, everyone says I am mistaken anyway. I'm not sure.
Hope Shimmers Posted June 19, 2014 Posted June 19, 2014 (edited) - I would strongly emphasize the part about making sure you have proof before you report the attorney. How did you find this out? Edited June 19, 2014 by a LoveShack.org Moderator 3
gettingstronger Posted June 19, 2014 Posted June 19, 2014 Yes hope, good point, proof would be key. OP would need to be sure the person that told him would be willing to stand by his word. Not sure how likely that is since people don't tend to like getting involved unless they have to.
William Posted June 19, 2014 Posted June 19, 2014 Just so folks know, for the members now sanctioned and posts deleted regarding discussion of other member's duplicate accounts, you're wrong, and anyone who makes such claims on-forum gets instant moderation. No warning, no 'reminder'. You'll just be stopped dead in your tracks and, if a review of your account causes moderation to not like how things are going, insta-ban. It's beyond me why people pull this petty stuff but it's going to end, one way or another. Now, back to the topic of assisting the member whose lawyer told of their affair.
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