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Attorney-Client Confidentiality in Family Law Cases

Because legal matters can often be highly-contentious and require the utmost discretion on the part of both a client and their attorney, it is widely-understood that attorneys and clients enter into a relationship of attorney-client confidentiality when the lawyer is hired for the case. Essentially what this means is a client can admit guilt to a misdeed or expose the true details of a family law case to their attorney, who can be trusted to not admit their client’s guilt or any other details that may incriminate their client in court.

However, there are ways in which the confidentiality of an attorney-client relationship can be broken, and many of them are often unknowingly done by the client. Whenever you are involved in a family law case, there is one thing to constantly remember: public speech is not confidential. Avoiding incriminating yourself is vital to your case, particularly with valuable property or child custody is on the line, so discussing your case away from your lawyer can create a substantial legal risk.

Maintaining Confidentiality

When you are discussing your case, be sure to do so only amongst private, trusted counsel. In fact, it is highly advised that you avoid speaking about your case with anybody other than your attorney to avoid critical information who can potentially be then used as a witness against you. As a general rule of thumb, you will only receive total confidentiality where you can expect it.

There are a number of ways a conversation you initially believed to be private could be used against you by becoming admissible as evidence in court:

  • Speaking loudly so your conversation can be overheard in a public place

  • Disclosing information over a monitored phone call

  • Disclosing case details to a third party outside of the case, including having them present at your meetings with your attorney

The third point on that list is one that is frequently not recognized by clients, who will often confide in their friends as a way of relieving stress or emotional build-up. While this may be therapeutic and your friend may have your best interests at heart, they can then be summoned as a witness and required to testify against you while under oath. This can easily break your entire case and cause you to lose out on critical court decisions. It may be difficult for some people, but it is best not to discuss a confidential case with anybody until it has reached its conclusion.

When you are involved in a complicated family law case, trust the skilled legal team at Fair Cadora, APC to provide you with the utmost discretion and quality legal advice that can help you through whatever your case is. We understand the gravity and the immense impact a family law case can have on your life, which is why we work tirelessly to provide you with the best possible representation and protection of your best interests.

Please contact the firm today to schedule a consultation to discuss your options.

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At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer case evaluations to all potential clients. We want you to have the chance to connect with us and gain your trust, without added pressure. During a case evaluation, we will review the details of your case and provide you with an honest assessment of your legal options. This allows our clients to make informed decisions about their case. We believe that offering case evaluations is an essential part of our commitment to providing high-quality legal representation to the San Diego community.