QUESTION
What case can I file against my attorney who discloses our conversation to my opponent’s attorney?
Asked on Oct 09th, 2013 on Divorce - Utah
More details to this question:
I filed for divorce. I found out that my attorney told my wife's attorney about things that took place between him and I in his office. These things may or may not be relevant, but does it violate attorney client?
3 ANSWERS
William M Stoddard
Not necessarily. Negotiation in family law requires both sides to discuss the issues and that may mean discussing your perspective on some issue. Discuss this with your attorney. If it is a secret that is not relevant to your issues of family law (like the name of your new lover or something like that) well you make a complaint to the bar and change attorneys.
Answered on Oct 11th, 2013 at 4:22 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
If it helps your attorney to move the case along in your interest, he is entitled to do so. You hired your attorney to be your agent to prosecute your case. That means you relying on the attorney's expertise to do what he or she thinks is in your best interest. Since it did not relate to a settlement or other issue to which you would have to agree, he was entitled to use the information as he deemed appropriate.
Answered on Oct 10th, 2013 at 12:30 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
at
Utah Family Law LC
Update Your Profile
OK, your attorney is not allowed to discuss your privileged conversations with opposing counsel. Now let me ask you: did the discussion harm you or your case? If not, and if you don't trust your lawyer, fire your lawyer, file a complaint with the bar association (if you feel you must), and get a new lawyer. Why on earth would you want to file a lawsuit against a lawyer if you can avoid it?
Answered on Oct 10th, 2013 at 12:08 PM