The basis for any relationship in which a person must reveal personal and potentially embarrassing information, a common necessity in divorce, is trust that the other party will not use this information against the person or tell third-parties what was said. This level of trust is a necessary component of an effective attorney-client relationship, which is supported by the concept of attorney-client privilege. The law recognizes the need for clients to be candid with their lawyers and facilitates this intimate disclosure by extending a protection that prohibits the attorney from sharing confidential information with third parties.

The advent of technology sometimes blurs the lines of how to maintain confidentiality, and a recent opinion issued to lawyers by the American Bar Association tries to make clear that any disclosure of client information on a blog or social media, even if public information, must receive prior client consent. This message supports the general rule that an attorney cannot be forced to testify against a client in a trial or reveal illegal activity to police, though exceptions do exist. This protection is so powerful that opposing attorneys are not even permitted to request information about attorney-client communications in any legal case. However, like many legal concepts, there are practical considerations to keep in mind, which if ignored, can lead to the loss of the confidentiality this privilege is designed to ensure. A discussion of steps clients can take to help ensure their information remains private throughout a legal proceeding will follow below.

Think Before Sharing

Divorce is stressful, and it can be tempting to share this tension with others as a form of relief, including telling others about conversations one has with his/her attorney. However, sharing the contents of these discussions can potentially waive attorney-client privilege and allow questions from the other side about the information communicated during these conversations at hearings. Extreme caution should be used when pondering whether to share discussions with one’s attorney, as the consequences can be significant, and in some cases, force an attorney to withdraw from representation.

Considering One’s Online Footprint

Nearly everyone now has a presence online, and most communications are now conducted through email, including those between an attorney and his/her client. Shared email accounts or knowledge of a spouse’s password are common in many marriages, but can prove severely detrimental in the event of a divorce. The more people who know how to access one’s email, the more likely the opposing party will obtain access to confidential communications, which can damage the strength of a person’s case. Ensuring email accounts are secure is the best way to keep these communications private and confidential.

Communications and Account Ownership

Finally, for convenience and organization sake, many people tend to use one email account for all their correspondence. However, if the account is through work or school, then the user is not the account owner, and often the organization will have rights to access the content, which destroys any confidentiality, and makes the messages discoverable by the other party. In addition, spouses tend to share email accounts, which obviously gives the other spouse the ability to see attorney-client communications. To ensure that confidentiality and the associated privilege from disclosure is maintained, a separate email account with a different password should be set up.

Get Legal Advice

Trust and confidence are two key components of an effective and beneficial attorney-client relationship. Christopher L. Arrington, P.C. has years of experience helping clients with a variety of family law matters, and is dedicated to getting you the best possible result. Contact the Danville office to schedule an appointment.