Does my Memphis lawyer have to keep everything I tell him confidential?
Yes. Tennessee and federal laws recognize that your attorney is best able to help you if he knows all the details of your case. In order to encourage clients to honest and protect their interests, an attorney has a duty of confidentiality to a client. Your attorney may not disclose any thing that you tell him to a third party without your permission. In fact, your attorney can’t even tell another person that he’s representing you if he doesn’t have your consent. This duty of confidentiality applies even if you did not request confidentiality.
There are exceptions to an attorney’s duty of confidentiality. An attorney can share what you’ve told him without your consent if, and only if, not telling will lead to bodily harm or death of another person. In this case, the duty to prevent harm overrides confidentiality.
There are also some cases where a lawyer can be forced to disclose your information. If your attorney is sued, he may have to provide certain details of your case. However, he will usually file paperwork to make sure those details are only shared with the judge and other attorneys. He cannot provide unrelated information, and he cannot divulge information solely for the purpose of causing you harm.
You are even protected when your case is over. The duty of confidentiality lasts for the lawyer’s lifetime.
If your attorney has caused damage to your reputation or well-being by sharing confidential information without your consent, you may have a Memphis legal malpractice claim. To learn more, contact the Middle Tennessee legal malpractice attorneys at Greer Injury Lawyers at 888-470-9143.