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UltimateVipe

Junior Member
What is the name of your state (only U.S. law)? Ohio
My parents and I use the same lawyer. that being said; if they ask, is my lawyer allowed to tell them if I have scheduled or cancelled an appointment?
 


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Mass_Shyster

Senior Member
UltimateVipe said:
What is the name of your state (only U.S. law)? Ohio
My parents and I use the same lawyer. that being said; if they ask, is my lawyer allowed to tell them if I have scheduled or cancelled an appointment?
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Generally, no. There are exceptions as listed in Rule 1.6(b) below.

From the Ohio Rules of Professional Conduct
RULE 1.6: CONFIDENTIALITY OF INFORMATION
(a) A lawyer shall not reveal information relating to the representation of a client, including information protected by the attorney-client privilege under applicable law, unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by division (b) or required by division (c) of this rule.
(b) A lawyer may reveal information relating to the representation of a client, including information protected by the attorney-client privilege under applicable law, to the extent the lawyer reasonably believes necessary for any of the following purposes:
(1) to prevent reasonably certain death or substantial bodily harm;
(2) to prevent the commission of a crime by the client or other person;
(3) to mitigate substantial injury to the financial interests or property of another that has resulted from the client’s commission of an illegal or fraudulent act, in furtherance of which the client has used the lawyer’s services;
(4) to secure legal advice about the lawyer’s compliance with these rules;
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding, including any disciplinary matter, concerning the lawyer’s representation of the client;
(6) to comply with other law or a court order.
(c) A lawyer shall reveal information relating to the representation of a client, including information protected by the attorney-client privilege under applicable law, to the extent the lawyer reasonably believes necessary to comply with Rule 3.3 or 4.1.
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sandyclaus

Senior Member
UltimateVipe said:
What is the name of your state (only U.S. law)? Ohio
My parents and I use the same lawyer. that being said; if they ask, is my lawyer allowed to tell them if I have scheduled or cancelled an appointment?
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Stevef said:
Generally, no. There are exceptions as listed in Rule 1.6(b) below.

From the Ohio Rules of Professional Conduct
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Really? :confused:

Apparently it is no secret that both OP and his parents share the same legal representative. I don't think that the mere fact that one happens to be meeting with the attorney (or NOT meeting, if the appointment was cancelled) would constitute information that would do irreparable harm if disclosed to the other party here. It's not like they are disclosing the REASON for the meeting or any other legally privileged information.

I could see where it MIGHT apply as privileged information if the whereabouts of one of the parties was unknown to the other and the purpose for obtaining and possessing this information was to locate the person or track his movements for some reason. Otherwise, it makes no sense that it would be considered protected information under the attorney-client privilege.
 
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Mass_Shyster

Senior Member
sandyclaus said:
Really? :confused:
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Yup. There's a difference between lawyer-client privilege, which is an evidentiary rule that excludes any communications from being used as evidence in a court proceeding, and lawyer-client confidentiality, which prohibits a lawyer from discussing representation.

A violation of confidentiality would subject the attorney to disciplinary action with the bar association.

Even if the parents are aware of the representation, the lawyer is prohibited from discussing it.
 
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sandyclaus

Senior Member
Stevef said:
Yup. There's a difference between lawyer-client privilege, which is an evidentiary rule that excludes any communications from being used as evidence in a court proceeding, and lawyer-client confidentiality, which prohibits a lawyer from discussing representation.

A violation of confidentiality would subject the attorney to disciplinary action with the bar association.

Even if the parents are aware of the representation, the lawyer is prohibited from discussing it.
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Again... really? :confused:

I am well aware that what is discussed (communications) between the lawyer and his client are covered by the privilege, but I don't understand how disclosing that they are meeting at all violates that privilege in this situation. Especially when the parents are already aware of the fact that an attorney-client relationship exists. At that point, no communications are actually being disclosed, only the fact that a contact was (or was not) made.

So, can you explain how this disclosure of an actual contact constitutes a communication subject to the confidentiality of attorney-client privilege here? I'm really curious about this.
 
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Mass_Shyster

Senior Member
sandyclaus said:
So, can you explain how this disclosure of an actual contact constitutes a communication subject to the confidentiality of attorney-client privilege here? I'm really curious about this.
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This is not attorney-client privilege. This is the lawyer's duty of confidentiality. Privileged information can not be used as evidence in a court proceeding without consent of the client. The rules I quoted earlier give some of the reasons confidentiality can be breached.

From "Ethical Problems in the Practice of Law, Second Edition, Lerman and Schrag, 2008 Aspen Publishers" Page 155:

Some clients do not want anyone to know that they have consulted an attorney. In such cases, the fact of consultation or representation is confidential. Suppose a client is considering seeking a divorce but has not yet decided what to do. Revelation even of the fact that the client has consulted a lawyer could be personally or financially disastrous for the client.
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In this case (from OPs other thread) , the daughter is being pushed to visit parents attorney. Daughter probably does not want parents to know if she has visited the attorney or not.
 
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