The foundation of a trusting relationship between the attorney and the client is based primarily on the attorney-client privilege. The attorney needs his/her client to be able to speak openly and honestly about the circumstances surrounding the client’s case. In order for the client to feel comfortable doing so, the client must know that they are able to trust their attorney with this confidential information.
Once the client hires an attorney, the attorney-client relationship forms and the client’s information is held in the strictest confidence by the attorney. There is an expectation that the attorney will keep the details of the client’s case confidential, this includes the attorney not exposing any details in person, in writing or over the telephone to persons not directly involved in the case. For example, it is reasonable for the client to assume that the medical records they have released to their attorney will remain confidential and that their attorney will not post them on an internet website.
There are, however, ways in which the attorney-client confidentiality is waived by the client. For example, if the client chooses to bring someone with them to a meeting between the client and the attorney, it is understood that the client is willing to share this information with the other person. In this case, the confidentiality is broken, but there has been no legal malpractice.
If the attorney you hired to handle your case, breached the attorney-client privilege in some way, contact our office to see if you have a legal malpractice claim.
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