Is this breaking ethics; attorney-client privilege

[jeannie1981]

What is the name of your state (only U.S. law)? I'm asking this for someone else, but she's in Alabama.

Good afternoon, I hope someone can assist me with this question.

My mother has a workman's comp case that's been in the works for about 5 years now. Just to clear something up, this is absolutely a legitimate case, she was hurt very badly on the job. However, her lawyer according to her, isn't really moving things along. Truth be told I don't know why it's taking so long. I've heard of those sorts of cases dragging out for ages. Anyway, with that aside she told her lawyer that she didn't want him talking to anyone about her case other than his legal team, secretaries, etc. My mom worked for an attorney several years back; it was my uncle. He was caught having an affair with his secretary by my mother; she never told my aunt, she quit instead. My mother's a Christian woman and didn't want to be associated with things like that. Personally, I'm not judging him, but he is currently going through a divorce with my aunt. He's tapped my aunts phones, put cameras in her house (without her knowledge at the time), he's done some really odd things. And she (my aunt) has a few psychological problems. I'm not saying that in a rude way, I'm just stating the fact. That is why my mother didn't want her lawyer talking to anyone about her case. My uncle is a very influential guy, so she especially didn't want him knowing. My mother found out a few hours ago that my uncle knew about her case. Obviously, since she's not discussed it with anyone other than me and her attorney, her attorney had to have talked to my uncle about it. Is this breaking attorney-client privilege? Obviously I have no idea if it is or not. To me, it'd seem like it would be, but I'm no expert in that area. I'm a psychologist, not a lawyer Thank you guys for any help or advice that you can offer me. I genuinely appreciate it. Edited to say: My uncle is not in my mother's lawyer's law firm. They do, however, know each other.

 

[Proserpina]

What is the name of your state (only U.S. law)? I'm asking this for someone else, but she's in Alabama.

Good afternoon, I hope someone can assist me with this question.

My mother has a workman's comp case that's been in the works for about 5 years now. Just to clear something up, this is absolutely a legitimate case, she was hurt very badly on the job. However, her lawyer according to her, isn't really moving things along. Truth be told I don't know why it's taking so long. I've heard of those sorts of cases dragging out for ages. Anyway, with that aside she told her lawyer that she didn't want him talking to anyone about her case other than his legal team, secretaries, etc. My mom worked for an attorney several years back; it was my uncle. He was caught having an affair with his secretary by my mother; she never told my aunt, she quit instead. My mother's a Christian woman and didn't want to be associated with things like that. Personally, I'm not judging him, but he is currently going through a divorce with my aunt. He's tapped my aunts phones, put cameras in her house (without her knowledge at the time), he's done some really odd things. And she (my aunt) has a few psychological problems. I'm not saying that in a rude way, I'm just stating the fact. That is why my mother didn't want her lawyer talking to anyone about her case. My uncle is a very influential guy, so she especially didn't want him knowing. My mother found out a few hours ago that my uncle knew about her case. Obviously, since she's not discussed it with anyone other than me and her attorney, her attorney had to have talked to my uncle about it. Is this breaking attorney-client privilege? Obviously I have no idea if it is or not. To me, it'd seem like it would be, but I'm no expert in that area. I'm a psychologist, not a lawyer Thank you guys for any help or advice that you can offer me. I genuinely appreciate it. Edited to say: My uncle is not in my mother's lawyer's law firm. They do, however, know each other.

I don't think it's by any means a given that it was Mom's attorney you spoke with your Uncle.

Your Mom can speak with her attorney tomorrow to discuss whether or not there was a breach. If he says "no", which is what I'd expect, your mother is free to find a different attorney.

 

[quincy]

What is the name of your state (only U.S. law)? I'm asking this for someone else, but she's in Alabama.

My mother has a workman's comp case ... her lawyer according to her, isn't really moving things along ... she told her lawyer that she didn't want him talking to anyone about her case other than his legal team, secretaries, etc. ... My mother found out a few hours ago that my uncle knew about her case. Obviously, since she's not discussed it with anyone other than me and her attorney, her attorney had to have talked to my uncle about it. Is this breaking attorney-client privilege? Obviously I have no idea if it is or not. To me, it'd seem like it would be, but I'm no expert in that area. I'm a psychologist, not a lawyer Thank you guys for any help or advice that you can offer me. I genuinely appreciate it. Edited to say: My uncle is not in my mother's lawyer's law firm. They do, however, know each other.

It is not unusual for an attorney to know about cases other than the ones s/he is working on.

From the little you have said, it does not appear that your mother's attorney has violated his professional code.

If your mother has concerns about her attorney, however, she can always ask her attorney directly if he has discussed her case with your uncle.

Here are links to Alabama's Rules of Professional Conduct, Client-Attorney Relationship: http://judicial.alabama.gov/library/rules/cond1_6.pdf or https://www.law.cornell.edu/ethics/al/code/AL_CODE.HTM

 

[LdiJ]

Your mother's case is public record...I suspect that is how your uncle found out.

 

[FlyingRon]

Your mother's case is public record...I suspect that is how your uncle found out.

Further, the attorney representing the defendant is also a matter of record. That's not privileged either.

 

[jeannie1981]

Your mother's case is public record...I suspect that is how your uncle found out.

Oh okay. Even if it's still on-going it's public record?

 

[jeannie1981]

Further, the attorney representing the defendant is also a matter of record. That's not privileged either.

Kind of creepy to think my uncle went out of his way to find this out then; IF her lawyer didn't tell him, of course. They do know each other, but they're not friends. They also have different scopes of practice. Thank you guys for your help

 

[quincy]

Oh okay. Even if it's still on-going it's public record?

Workers' compensation claims are generally not public records, unless or until the claim becomes a contested one (is filed with the Appeals Board).

Most minor claims will be handled between the injured employee and his employer and the employer's insurer. Workers' compensation records from these voluntarily paid claims are not public records. For release of this confidential workers' compensation information, therefore, written and signed authorization from the claimant is required.

These records are exempt from disclosure under most states' FOI laws and, although I am not sure about a comparable Alabama Act, in Michigan they are also exempt under the Workers Disability Compensation Act.

Workers' compensation claims contain private financial and medical information, so access to these records can be restricted and, when made accessible, personal identifying information is redacted.