An attorney-client privilege breach is when an attorney discloses confidential information that they have been entrusted with by a client. This breach of trust is a violation of the attorney-client privilege, which is a legal doctrine that protects communications between an attorney and their client.
The attorney-client privilege is a cornerstone of the legal system, as it allows clients to share information with their attorneys in confidence. This encourages clients to be open and honest about their legal issues, which helps attorneys provide the best possible representation. The privilege also ensures that attorneys can provide legal advice without fear of their advice being used against their clients in court.
When an attorney-client privilege breach occurs, it can have serious consequences for both the attorney and the client. The attorney may be subject to professional discipline, including suspension or disbarment. The client may also be at risk of having their case weakened or thrown out of court, as any confidential information that was disclosed may be used against them.
The most common types of attorney-client privilege breaches involve an attorney discussing a client’s case with someone who is not part of the legal team, such as a friend or family member. Other breaches can occur if an attorney fails to keep client information secure, or if they disclose confidential information in court.
If you suspect that your attorney has breached the attorney-client privilege, you should speak to them immediately. If the breach is serious, you may want to consider filing a complaint with your state bar association or hiring a new attorney.