Free Consult: Protected Under Client-Attorney Relayionship?

[Clueless4Law]

Hey guys!

I'm in California. I took up a free consult a few months ago with a local family law attorney who I spoke to over the phone for a good half an hour. I was heavily considering divorce because my husband's failed communication and unwillingness to seek a counselor had me on edge. I was done, point blank. During this phone consult, I told the lawyer that I was consulting with a lawyer because my husband practices family law and I didn't want to get screwed and wanted to see what options I had. I told the lawyer what I did for a living, how much I made, etc. He also asked where my husband worked and what he made. While I told him where he worked, I didn't disclose any info regarding his salary other than he makes more than I do.

Hubby and I worked out our issues because he finally agreed to seek counseling which is great. However, now I am a little worried that this divorce attorney knows info on my hubby who is also a family law attorney; mostly because he knows where he works and knows his name now. Was my phone consult covered and considered confidential under the client-attorney privledge? I just don't want anything to spring up work-wise for hubs because I consulted an attorney during a rough time in our marriage.

 

[quincy]

Hey guys!

I'm in California. I took up a free consult a few months ago with a local family law attorney who I spoke to over the phone for a good half an hour. I was heavily considering divorce because my husband's failed communication and unwillingness to seek a counselor had me on edge. I was done, point blank. During this phone consult, I told the lawyer that I was consulting with a lawyer because my husband practices family law and I didn't want to get screwed and wanted to see what options I had. I told the lawyer what I did for a living, how much I made, etc. He also asked where my husband worked and what he made. While I told him where he worked, I didn't disclose any info regarding his salary other than he makes more than I do.

Hubby and I worked out our issues because he finally agreed to seek counseling which is great. However, now I am a little worried that this divorce attorney knows info on my hubby who is also a family law attorney; mostly because he knows where he works and knows his name now. Was my phone consult covered and considered confidential under the client-attorney privledge? I just don't want anything to spring up work-wise for hubs because I consulted an attorney during a rough time in our marriage.

I don't know what the terms of your free phone consultation were but the attorney should not discuss the phone conversation with others or disclose what you said. What you told the attorney should remain confidential. I do not see that you have reason to worry.

I am happy you and your husband have found a way to avoid divorce. Good luck.

 

[Clueless4Law]

I don't know what the terms of your free phone consultation were but the attorney should not discuss the phone conversation with others or disclose what you said. What you told the attorney should remain confidential. I do not see that you have reason to worry.

I am happy you and your husband have found a way to avoid divorce. Good luck.

Thank you for your quick response. I wasn't too entirely sure if over the phone free consults were covered under the client-attorney privledge or if that didn't kick in so to speak until you retained them. I am a huge worry wart and don't want obtaining legal advice to kick me in the ass later if we end up working everything out okay. It seems like in Cali the client-attorney privledge kicks in once you've had any contact with a lawyer in hopes to receive a consult or if you are looking to retain them (mine was sort of both I guess). I'm just a huge paranoid parrot.

 

[quincy]

Thank you for your quick response. I wasn't too entirely sure if over the phone free consults were covered under the client-attorney privledge or if that didn't kick in so to speak until you retained them. I am a huge worry wart and don't want obtaining legal advice to kick me in the ass later if we end up working everything out okay. It seems like in Cali the client-attorney privledge kicks in once you've had any contact with a lawyer in hopes to receive a consult or if you are looking to retain them (mine was sort of both I guess). I'm just a huge paranoid parrot.

When you are looking to hire an attorney for a specific legal matter, you may have initial consultations with several different attorneys (free consultation or paid consultation). What is said to each of these attorneys is considered privileged, this whether or not you wind up hiring one of the attorneys.

I think you can move ahead without fear that what you said to the attorney will "kick you in the ass later." Attorneys are pretty good at keeping confidences.

Good luck.

 

[FlyingRon]

Actually, most attorneys will advise you before even letting you open your mouth to NOT say anything that you want to be protected until an actual attorney-client relationship is in effect.

I'm going to disagree with Qunicy. Just because you're in a room with a lawyer doesn't necessarily establish privilege.

 

[Ohiogal]

Actually, most attorneys will advise you before even letting you open your mouth to NOT say anything that you want to be protected until an actual attorney-client relationship is in effect.

I'm going to disagree with Qunicy. Just because you're in a room with a lawyer doesn't necessarily establish privilege.

Quincy is right however. A consultation is protected under attorney client privilege.

 

[quincy]

Actually, most attorneys will advise you before even letting you open your mouth to NOT say anything that you want to be protected until an actual attorney-client relationship is in effect.

I'm going to disagree with Qunicy. Just because you're in a room with a lawyer doesn't necessarily establish privilege.

I disagree with your disagreement, FlyingRon.

In California (as is the case in every other state I am familiar with), the attorney-client privilege attaches to attorney consultations even WITHOUT a qualifier and even BEFORE an attorney is retained. When there is an expectation by the would-be client that the consultation will remain confidential and the would-be client is looking for legal assistance with a specific legal matter, what is disclosed is protected.

A link to California Rule 1.06, Confidentiality of Information: https://www.law.cornell.edu/ethics/ca/narr/CA_NARR_1_06.HTM

 

[HighwayMan]

I'm curious what the OP thought the attorney could possibly do with the information on her husband, other than snicker to himself if the two were opposing each other in a divorce case.

 

[PayrollHRGuy]

I'm thinking the Husband may not have known that the wife had gotten as far as talking to a lawyer about divorce and she doesn't want him to know.

 

[HighwayMan]

I just don't want anything to spring up work-wise for hubs...

Doesn't sound like that to me, Payrollguy

 

[Taxing Matters]

Actually, most attorneys will advise you before even letting you open your mouth to NOT say anything that you want to be protected until an actual attorney-client relationship is in effect.

I'm going to disagree with Qunicy. Just because you're in a room with a lawyer doesn't necessarily establish privilege.

Just because you happen to be standing in the same room, no. But in California if you talk with a lawyer for the purpose of getting legal advice and assistance both the duty of confidentiality (which is what covers the OPs main concern here) and the attorney-client privilege will attach. It clearly applies when a prospective client contacts an attorney in his/her office when it's clear what the person’s purpose in contacting the lawyer is. And it can even attach to a person’s conversation with a lawyer at a party. A California bar article addresses that very issue:
http://apps.calbar.ca.gov/mcleselfstudy/mcle_home.aspx?testID=22

California is not the only state to cover prospective clients; that is the approach of pretty much every state. It must be that way, or a prospective client would be reluctant to disclose to the lawyer the facts needed to determine whether to undertake the representation.

 

[quincy]

It doesn't matter what she said, HWM and HRGuy. The attorney will not disclose information gleaned from confidential consultations.

Clueless4Law should not worry.

 

[Clueless4Law]

I'm thinking the Husband may not have known that the wife had gotten as far as talking to a lawyer about divorce and she doesn't want him to know.

No, hubs does not know that I consulted with a lawyer. Firstly, lawyers within the same geographical area (especially in the same "speciality" so to speak) tend to know one another. Not only that, but the lawyer I consulted with knows personal information about my husband such as place of employment and roughly how much he makes. I don't particularly want that information to be problematic if hubs ever has to work with or against this lawyer.

 

[PayrollHRGuy]

No, hubs does not know that I consulted with a lawyer. Firstly, lawyers within the same geographical area (especially in the same "speciality" so to speak) tend to know one another. Not only that, but the lawyer I consulted with knows personal information about my husband such as place of employment and roughly how much he makes. I don't particularly want that information to be problematic if hubs ever has to work with or against this lawyer.

It should never be an issue.

 

[quincy]

No, hubs does not know that I consulted with a lawyer. Firstly, lawyers within the same geographical area (especially in the same "speciality" so to speak) tend to know one another. Not only that, but the lawyer I consulted with knows personal information about my husband such as place of employment and roughly how much he makes. I don't particularly want that information to be problematic if hubs ever has to work with or against this lawyer.

The lawyer you consulted should not speak of your consultation with anyone. Nothing you disclosed should be used against you or your husband.

As I said earlier, attorneys are good at keeping confidential information confidential. Their law licenses can depend on it.

Good luck to you and your husband.