How You Can Lose Your Right to Confidentiality

Most people are aware that there is a confidentiality agreement between a lawyer and client, even if it is unspoken. What people tell their attorneys stays within the walls of the lawyer’s office. This includes things that are spoken and details that are written down. Attorney-client communications are privileged and cannot be revealed in court. Unfortunately, this confidentiality can become lost under certain circumstances. Here are four ways you can lose your right to confidentiality.

1. Speaking in Public

Let’s say that you decide to meet with your attorney in public. You meet over lunch to talk about your case. A diner sitting next to you overhears your conversation. Can they testify against you? Potentially. If the opposing attorney discovers this person, they can certainly call them to the stand.

2. In Jail

Be aware that any conversation on a jailhouse phone is recorded. You can quickly lose your right to confidentiality by having a phone conversation from the police station, even if it’s with your lawyer. Another person sitting in jail can also testify if they hear your conversation.

3. Group Meetings

Don’t be tempted to have a friend or family member sit with you when you are speaking to your attorney. Once you invite someone else to the meeting, you can potentially lose your right to confidentiality. If the person you are thinking of inviting has nothing to do with your case, attend the meeting alone.

4. Sharing the Conversation

If you choose to share with someone else what you have shared with your attorney, it is no longer privileged. Your attorney may not be forced to tell a judge what you say, but the person you told certainly can be.

Confidentiality between an attorney and client is an important issue of trust. In most cases, this privilege is kept sacred. In other cases, typically due to the client’s mistake, the privilege is lost. If there is something you don’t want anyone but your attorney to know, be very careful who you speak to and where.

If you have been injured in Austin and need a lawyer, call our team today for a free case evaluation. We are here for you and your family as you take the next steps toward putting your life back together.

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