QUESTION
Can my divorce lawyer reveal infomation without my permision?
Asked on Jun 28th, 2011 on Child Custody - Illinois
More details to this question:
I am divorced and I am seeing a guy who has been separated from his wife for 2 years. My lawyer is also representing his soon to be ex. At the last appointment I had with my lawyer over some issues with my own case, I was asked if I was dating this person. I was honest and said yes, thinking it would stay confidential. This lawyer is now trying to use this information in their case. Can the lawyer use this without my permission?
13 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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No. Report him to the bar association.
Answered on Jul 11th, 2013 at 2:02 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No. The lawyer should withdraw from both cases. He has a conflict of interest. You should get another lawyer fast.
Answered on Jul 05th, 2011 at 12:52 PM
4 Awards
Your lawyer is not allowed to disclose any information you give him unless a) you are asked under oath about the information and lie or tell him you intend to lie or b) are in the process of committing or about to commit a crime or fraud upon another person. Your lawyer should have not undertaken to represent both you and your boyfriend's spouse at the same time, and he may have an ethical problem if he does not immediately withdraw. If he insists upon using your information in another forum you should report his behavior to the state bar association.
Answered on Jul 01st, 2011 at 4:41 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Absolutely not. Any information you provide your lawyer is privileged.
Answered on Jul 01st, 2011 at 10:20 AM
From your description, your lawyer has stumbled into a classic conflict of interest situation. Short version, no he should not be using it, and may now be disqualified from one, the other, or both cases. You should get a second opinion in a consultation with qualified counsel, sometime soon.
Answered on Jun 30th, 2011 at 11:27 AM
Steven D. Dunnings
You should file a grievance against him with the Sate Bar Association.
Answered on Jun 30th, 2011 at 11:21 AM
Glen Edward Ashman
If the lawyer used information from your case in another case without permission, you have a highly unethical lawyer. You need to do several things: (1) Fire the lawyer and get an ethical one. (2) Make a written complaint with the state bar of Georgia. The lawyer could be disbarred, suspended or disciplined. (3) Have your new lawyer see if a motion can be filed in the other case to exclude the information you gave.
Answered on Jun 30th, 2011 at 11:16 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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It appears to be an unethical breach of confidential information to me. Contact the ethics office of your local bar association to press this issue further.
Answered on Jun 30th, 2011 at 10:54 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, that would be a violation of attorney client privilege. If the attorney uses something that you told him in confidence, that would be an offense that could subject the attorney to sanctions by the Florida Bar. You may want to discuss this with the attorney prior to reporting him or her to the Florida Bar.
Answered on Jun 30th, 2011 at 10:31 AM
No, that would be a conflict under lawyer ethical rules - as it could ultimately harm you/your case if he is using it in a negative way.
Answered on Jun 30th, 2011 at 10:21 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Basically, NO. A lawyer is ethically bound to preserve client confidentiality so it sounds like your lawyer is, at best, on the verge of an ethical violation. Because there could be a serious question as to whether or not what you told him was, in fact, confidential you probably should first discuss the situation with your lawyer to be sure you both have the same understanding about what was said and why. However, if you believe he has violated his obligation you should certainly find another attorney and you may wish to file a grievance with the Office of Regulatory Counsel at the Colorado Supreme Court.
Answered on Jun 30th, 2011 at 10:15 AM
In general, no. Anything that you tell your lawyer in confidence is supposed to stay confidential. Like all rules, of course, there are exceptions. However, you have said nothing in your question that would make me think that one of those exceptions applies to your situation. Therefore, he or she should not be disclosing any confidential information without your permission. It actually sounds like the attorney now has a conflict of interest.
Answered on Jun 30th, 2011 at 10:15 AM
You can bring this up to the judge as a conflict of interest or that may be a reason why the attorney brought it to the attention of the court. I don't have enough information in your statement to know why it was presented (your current relationship) but there seems to be a conflict of some sorts.
Answered on Jun 30th, 2011 at 9:55 AM