Is Everything You Tell Your Divorce Attorney Confidential?
A divorce case may contain many personal details about your marriage, you, and your soon-to-be-former-spouse. In fact, some of these details are so intimate that divorcees often do not share them with their family members and close friends.
Individuals who go through a divorce understand that sharing these personal details with their attorney is necessary to ensure an efficient legal representation of their interests during the divorce case. However, many have privacy and confidentiality concerns and are hesitant to disclose all details.
Attorney-Client Privilege and Confidentiality in Divorce Cases
A reputable and reliable divorce attorney respects the requirements and boundaries of the attorney-client privilege under Florida Statute 90.502 and understands the delicacy of any personal details that their clients share with them.
The lawyer-client privilege governs communications between attorneys and their clients when providing legal advice and representing clients in divorce cases and other legal matters. The law prohibits attorneys from disclosing and revealing personal details and other parts of these communications, both written and oral.
The only people your attorney is allowed to share this information are their legal team within the law firm, but they are also bound by the same confidentiality obligations. If your lawyer requests you to disclose any information about your case to third parties, he or she must obtain your consent prior to sharing any parts of your communications with outside parties.
‘Does It Mean I Can Tell My Divorce Lawyer Everything?’
Yes, you can feel free to share any details with your attorney regardless of how personal and intimate they may be, as your lawyer is legally bound by the confidentiality agreement. In other words, everything you say is confidential.
Being cautious of what you might say can negatively impact your divorce case as your attorney needs to know everything to represent your interests and achieve your objectives. In fact, your divorce attorney will be bound by the same confidentiality obligation even after the conclusion of your case or the end of your lawyer-client relationship.
You must feel comfortable sharing personal details to allow your attorney to create a winning road map for your case and be prepared for everything throughout the divorce proceedings. For instance, if you fail to mention that you engaged in an extramarital affair during the marriage – and this eventually led to your divorce – your lawyer will not be able to prepare a response to your spouse’s accusations of adultery.
However, the attorney-client privilege may be revoked in limited situations.
When the Attorney-Client Privilege is Revoked
Your communications are no longer confidential and the attorney-client privilege can be revoked if:
- You are planning to commit a crime or assist anyone in committing a crime;
- The communication was not intended to be confidential; or
- The communication is relevant to a legal case arising from the attorney-client relationship when either party accuses the other party of a breach of duty.
There are certain other exclusions, but their applicability is very limited. Also, make sure that your communications with the lawyer are kept to the bounds of your divorce case.
Here at the Law Offices of Steve W. Marsee, our reputable and skilled divorce attorneys will protect your divorce rights and ensure that anything you share remains private and confidential. Our Orlando divorce lawyers take precautions to ensure your privacy, and we hold the attorney-client privilege in the highest regard. You can have the peace of mind that your information will remain confidential during and after the divorce proceedings.
Schedule a consultation by calling at 407-521-7171. Your consultations and conversations with our lawyers are confidential.