St. Denis & Davey, P.A.

Legal Malpractice Issues

What information can your attorney share publicly?

| Aug 26, 2019 | Legal Malpractice Law |

In today’s world, information flows freely. That often can includes details about legal matters in Florida, which (if you happen to be involved) you might just as soon prefer be kept private. Your desire to not have the specific details of a matter that you are involved in made public may go beyond simply wanting to maintain your privacy; releasing certain information might actually prejudice your case. Yet legal issues are rarely solitary matters, and you might likely have an attorney assisting you with yours. The question then becomes exactly what they are allowed to disclose to the public. 

Often, your attorney will act as a liaison between you and the public, advising you to allow them to do the talking when information is disclosed. Knowing this, the American Bar Association has established in its Model Rules of Professional Conduct a standard for attorneys when making public disclosures. Per this standard, your attorney cannot disclose any details related to your proceedings that could potentially have a negative impact on your case. If information does indeed need to be shared, your attorney is limited to the disclosing the following: 

  • The issue being argued and (if not prohibited by law) your name and the names of other parties involved
  • Any information related to your case that has already been made public
  • That an investigation into the matter is ongoing
  • The scheduling (or result of) any litigation proceedings
  • A request for assistance in obtaining any evidence or information
  • Warnings concerning the behavior of any party involved if such behavior might endanger the individual or the public 

If your case involves a criminal complaint, your attorney can also share (in addition to what has mentioned previously) the circumstances of any arrests and the names of law enforcement agencies involved in your case.