QUESTION
Is breach of attorney client privilege grounds for a law suit?
Asked on Jul 21st, 2014 on Legal Malpractice - Florida
More details to this question:
A breach of attorney client privilege has jeopardized my ability to pursue a civil suit against the defendant in a felony battery case. The defendants attorney found out the identity of a source/witness that requested to remain anonymous and the information came from my attorney. The defendant's attorney is threatening the witness if I don't abandon any civil action. I was the victim of the battery and have suffered greatly, but do not want to hurt the witness that went out on a limb for me. My civil attorney was the only person who knew who the source was and now the defense knows. My attorney also brought the witness up to friends of mine at a social event, which just reinforces the fact that he is discussing my case where he shouldn't. Is this grounds for a legal malpractice suit? If so what type of attorney should be consulted?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
It could be, although it may be very difficult to explain how this would have damaged a civil lawsuit. Generally, there is no such thing as an "anonymous source", you cannot refuse to disclose witnesses and in fact are typically obligated to do so. As you may imagine, it would be virtually impossible to claim damages because a lawyer would not suborn perjury if you lied and said you did not know of the witness or improperly refused to disclose the information. Obviously, you dont trust that lawyer, so you may as well get another one ASAP and if you feel compelled to file acomplaint with the Florida Bar. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.
Answered on Jul 22nd, 2014 at 5:38 AM
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