The Basics of Attorney-Client Privilege in Divorce

contract-408216_1280You probably know the most basic principle of attorney-client privilege: what you say to your attorney stays confidential. Of course, that doesn’t mean that there are not exceptions. This long-time standard of the business is a core of what makes it possible for clients to trust their lawyers. But, those clients have to understand that their attorneys must adhere to other legal standards in order to remain ethical, or, at the very least, keep their licenses.

Privileged Divorce Information

What you tell your attorney is privileged. That means that your lawyer will not disclose your private information to anyone, and that he or she cannot testify against you. The primary exception to this is illegal activity. That privilege stops if your attorney knows that you are concealing fraud, or another crime. In that case, your attorney has a legal and ethical responsibility to report it.

Otherwise, the classic attorney-client privilege circumstance covers a multitude of secrets. If you worry about an embarrassing, or potentially harmful detail, it is safe with your attorney. However, once more, that doesn’t mean that the information won’t be found. In the context of divorce, your attorney cannot generally stop your spouse’s attorney from digging up that information on you. Anyone else seeking to discover those secrets might still find them. Both attorneys’ jobs are to put their clients’ best interests first.

In some rare cases, your attorney may be able to seek an injunction to stop someone from getting or releasing information on you. However, there must be a very good legal reason to do so. In the end, it is more likely that information potentially relevant to divorce proceedings, and even some information that isn’t relevant, will come out.

The best thing you can do is find an attorney you can trust. Then, speak with him or her about your confidentiality concerns. You can get all your questions answered about divorce in Florida by calling our attorneys at Miller Law.


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