The cornerstone of any relationship between a lawyer and their client is the privilege of confidentiality. When you hire an attorney to represent you in delicate and complicated legal matters, you need to be able to speak with them in an open, honest and full and frank way so that they may know the truth of your case without it imperiling your legal status. Without such basic protections the wheels of our justice system would grind to a halt and thousands if not millions of people would not be able to pursue ultimate legal satisfaction for troubles that afflict them.
Therefore, when you need to consult a lawyer, and you have to tell them particulars about your case, you need to have clear and established roles in order to protect yourself from providing confidential information about your case to someone who is under no obligation to keep that information secret. Know that simply walking into an attorney’s office, or filing out a form on a website does not by and large constitute an attorney-client relationship, and that any information you then provide in that communication most likely does not fall under the protections thereof.
How to establish Confidentiality
In order to assert your right to privacy in communication with your legal representative, you must qualify under a number of conditions. First you must be in the process of becoming a client or already a client. Then you must be talking to someone who is in good standing with the bar of the court of the state you are in, or their qualified associate or subordinate, and then must be for the express purpose of securing appropriate legal counsel for a legitimate case. That’s why you must make very clear and adhere to the boundaries of approaching a lawyer for what you need done and where you choose to approach them.
Exceptions to the Attorney-Client Privilege
Furthermore, there are certain exceptions to the rule. For example if you talk about potentially important aspects of your case that would otherwise fall under the attorney-client privilege in front of people who are outside that relationship, you can no longer seek that protection of your confidentiality from the court because it is no longer privileged information. Also, if you use that confidentiality protection to commit a crime, the privilege is null and void and you can be prosecuted for abusing that right in addition to the crime you are trying to cover for. Lastly, if you as a client make a public disclosure of the information you wish to protect later you cannot then later claim that the information is privileged and not open to scrutiny.
If you need a lawyer, you can be confident that your privileged information is protected now, during the active litigation phase, as well as in perpetuity in the future. The disclosures you make cannot be commented on by your attorney even after your case is done. This helps secure the fact that you can speak freely and openly with no possibility for future reprisals or prosecution.
Keep these facts in mind when you next need a lawyer, and make sure you get clear boundaries on if you have established a client relationship. It could be the best decision you ever make.
Arizona personal injury attorney Dana Hogle has more than 25 years of experience helping those who have been injured due to the negligence of another. As an Criminal Defense lawyer in Mesa AZ Dana Hogle has successfully represented San Diego victims and their families find an optimal resolution to their legal matter.
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The Law Offices of Nathan Hogle is located in Mesa, Arizona DUI and criminal defense attorney, and handles cases throughout Maricopa County, including Gilbert, Chandler, Phoenix, Queen Creek, Tempe, Scottsdale, Paradise Valley, Cave Creek, Fountain Hills, Ahwatukee, Apache Junction, Anthem, Glendale, El Mirage, Tolleson, Goodyear, Avondale, Litchfield Park, Peoria, Surprise, Sun City and Buckeye.