St. Denis & Davey, P.A.

Legal Malpractice Issues

Detailing attorney-client privilege

| Dec 1, 2017 | Professional Malpractice Law |

Typically, any matter which will require you to have legal representation in Jacksonville will likely be of a very sensitive nature. In order to represent you to his or her utmost abilities, an attorney may require that you disclose certain information. This may cause you to have the same concern that many of those that we here at St. Denis & Davey PA have worked with share: That such information will inevitably become public. At the same time, you have probably heard of the concept of attorney-client privilege. Exactly what sort of protection does this afford you? 

According to Model Rule 1.6 Comment 2 issued by the American Bar Association, in order to maintain a trusting relationship between yourself and an attorney, an understanding must be present that, without your consent, he or she cannot share any information related to your representation. That protection applies not only during the time than an attorney represents you, but until the day you die. For example, an attorney cannot choose to give an interview or write a book about your case in which he or she shares details about your representation (even after your case has been completed) without first obtaining your consent. This includes any information he or she has learned after he or she has stopped representing you. 

You may wonder what sort of information falls under the scope of attorney-client privilege. Any information you share with an attorney for the purpose of your representation is included in this category. Technically, information regarding your case learned from another source is not protected under attorney-client privilege. However, an attorney can cite his or her ethical duty of confidentiality to you as grounds to try and avoid sharing such details. 

You can learn more about the attorney-client relationship by continuing to explore our site.