How Attorney-Client Privilege Applies in Family Court

Attorney-client privilege is a foundational aspect of legal representation that allows clients to share information with their attorneys in confidence. In family law cases that often involve sensitive issues like child custody, allegations of abuse, and estate division, understanding this privilege can help clients navigate their cases effectively.

What Is Attorney-Client Privilege?

Attorney-client privilege has been the basis of client-attorney relationships for more than 200 years. Attorney-client privilege is a legal rule that protects the confidentiality of communications between you and your attorney. Anything you share with your attorney related to your case cannot be disclosed to others, including the court, opposing parties, or the public, without your consent.

Lawyers cannot adequately serve their clients unless they have full access to the details of their case, and that often requires the disclosure of personal information by a client. Anything that is discussed about the case cannot be forced to be disclosed anywhere else.

Judges or other court officials cannot lawfully demand the disclosure of privileged information. Even requesting an attorney or client to divulge private attorney-client conversations is considered inappropriate.

How Does Attorney-Client Privilege Affect My Family Court Case?

Attorney-client privilege plays an important role in family law cases. The long-standing protections create a safe space where clients can be completely open about past actions and even their personal thoughts on court-related matters.

By discussing financial records, past incidents, or personal details about relationships, family law attorneys can use that information to develop effective strategies, prepare for opposing counsel’s potential legal maneuverings, and generally prepare for potential forthcoming issues.

Ultimately, open discourse between clients and attorneys can facilitate the efficient resolution of areas of disagreement between parties by ensuring that the attorneys involved in the case have a full understanding of the dynamics at play in a particular family law case.

What Are the Exceptions to This Privilege?

The privilege is not absolute, although it is a powerful protection that allows clients to freely communicate with their attorneys about sensitive information. Anyone going through family court should be aware of the limits of this privilege.

One exception to this privilege is disclosures of a planned crime or pending attempt to harm or kill someone. Attorneys are under no obligation to conceal details of a looming crime because doing so would potentially make the attorney culpable if the crime takes place.

For family court matters, this could involve a threat made against a former spouse or partner. Any information that indicates a risk to a minor child would also come with legal obligations to disclose that information to authorities. This imperative to report is meant to prioritize the welfare of minors or vulnerable individuals, even if it means breaching confidentiality.

Waiving Attorney-Client Privilege

Attorney-client privilege can be waived, either intentionally or unintentionally. One example would be a client who discusses conversations with their attorney to some third party, such as family members. This would constitute a breach of confidentiality that would make any information disclosed discoverable in court. Even accidental disclosures, like the forwarding of an email, could void the privilege.

Attorney-client privilege also only applies to court-related matters. Anything that is discussed that does not fall under general legal counsel could potentially be brought up in court or requested through discovery.

FAQs

Q: Is Attorney-Client Privilege Absolute?

A: Attorney-client privilege is a well-established protection, but there are situations where it cannot be enforced. The exceptions are more common in criminal court. If a client divulges that they are planning to commit a crime or harm someone, their attorney has an ethical duty to report it. Attorney-client privilege only covers legal advice between lawyers and clients, meaning conversations of a non-legal nature are not protected.

Q: Should I Be Totally Honest With My Attorney?

A: It is to your benefit to be totally open and honest with your attorney. Trust and openness are key when it comes to legal representation. Keeping important information from your attorney could prevent them from adequately defending you from accusations in court. Lawyers generally do not like being caught off guard. Since anything related to your case is confidential, work to disclose anything relevant to your case.

Q: What Happens If I Accidentally Disclose Privileged Information?

A: If you disclose anything that was discussed between you and your attorney, that information is no longer protected. One example would be a client who accidentally forwarded an email that contained a conversation thread between them and their attorney. That information cannot be clawed back once it is disclosed. This is why both clients and attorneys have a duty to keep private conversations private.

Q: Why Is Attorney-Client Privilege Important?

A: Full transparency with your attorney is essential in family law cases, where sensitive issues like custody, finances, or allegations of misconduct often play a central role. Providing your attorney with all relevant information, even if it seems minor or uncomfortable to share, enables them to address any potential issues proactively and prepare for challenges the opposing party might raise.

Q: Can I Trust My Attorney With Sensitive Information?

A: You can trust your attorney with sensitive information as long as it is relevant to your family court case and doesn’t involve threats made against other people. Attorneys have a duty to keep anything you say completely private as long as it falls under attorney-client privilege. This privilege is intended to encourage clients to be open and honest with their attorneys.

Schedule Your Family Law Consultation Today

Family law attorneys have a duty to keep case-related conversations with clients completely confidential. This privilege should encourage clients to freely discuss family court-related matters with their attorney. Transparency can build trust and prevent your lawyer from being blindsided in court.

At Bickford Blado & Botros, we take our professional relationships with our clients seriously. Anything they discuss related to their case is privileged. Our clients know that we will always be open and honest about matters related to their case. To learn more about how we can help you in a domestic relations matter, contact our office today.

 

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