Considering a consultation to discuss your options for a Family Law issue?
Remember, your meeting with any of our Family Law Attorneys is protected by the attorney-client privilege and is completely confidential. A fundamental principle in the client-lawyer relationship is that, in the absence of the client’s informed consent, the lawyer must not reveal information relating to the representation.
In our offices, none of the information discussed about your case can be revealed by the lawyer to any third party without your express, written consent. This is true even if our involvement in your case is simply a consultation to discuss your legal rights and options.
The Florida Bar Rules also protect clients from potential conflicts of interest in family law matters by prohibiting a lawyer from consulting with one party to the proceeding and then later representing the opposing party. Essentially, once you meet with an attorney, your spouse could not seek representation with the same lawyer or law firm.
This further proceeds your legal rights by enabling you to explore your legal options without the fear that personal information disclosed be later used against you in the proceedings.
When faced with the decision to pursue a divorce or hire an attorney to enforce issues within a standing separation agreement, many clients are concerned that should they decide not to proceed their current or former spouse will learn of the meeting. This is not the case. Under no circumstances would our attorneys or paralegals taken any action to reveal details or the occurrence of your confidential family law consultation without your consent to proceed.
In the event we undertake representation of your case, all communications with our attorneys and staff are completely protected. Only information necessary to the evidence required by the court will ever be disclosed in pleadings or through mandatory disclosures.
It’s important to remember that the ethical duty of confidentiality in legal representation extends beyond just privileged information. The attorney-client privilege, governed by the Florida Evidence Code, protects communications between a lawyer and their client. However, it does not protect facts known by the client independently of any communication with the lawyer. On the other hand, the confidentiality rule, governed by The Florida Bar Rules of Professional Conduct, is a matter of professional ethics. Unlike the attorney-client privilege, the confidentiality rule applies to all information relating to the representation, not just privileged communications.
Therefore, even the most personal and private information can be shared during your family law consultation without fear of these details being learned by the opposing party.
The attorney-client privilege applies in legal proceedings where a lawyer may be called as a witness or required to produce evidence, while the confidentiality rule is a broader ethical duty that applies to all aspects of legal representation. Outside the scope of advisory ethics opinions that Florida Bar ethics attorneys are authorized to give, as they arise under substantive law rather than the Rules of Professional Conduct.[10] For the attorney-client privilege to apply in Florida, communication between the lawyer and client must have been made during the actual rendition of legal services to the client and be “confidential,” meaning “it is not intended to be disclosed to third persons” except as provided in the Evidence Code.[11]
The confidentiality rule pertains to disclosures outside of judicial and administrative hearings[12] and applies in situations other than those where evidence is sought from the lawyer through subpoena or other compulsion of law.[13] In other words, voluntary disclosures by the lawyer, not compelled. Under the Rules of Professional Conduct, any information related to the representation of a client — whatever its source — is considered “confidential” and a lawyer cannot reveal it unless their client gives informed consent or an exception to the rule applies.
This is the reason that we utilize the most sophisticated and secure case management software to track all attorney-client communications and document our legal relationships with each and every potential client.
Whether your case involves questions about the simplest of legal issues, or the most complex areas of family law litigation, the information entrusted to our team of family law attorneys and paralegals remains private.
If you would like to schedule a confidential family law consultation with one of our Florida Family Law Attorneys, call our offices at (904) 358-3300 to speak with a live intake specialist 24 hours a day.
You may also message our secure text line at (904) 506-7675 or email mcgrath@learnyourrights.com for more information.
Consultations are available to fit any schedule and can be conducted via telephone, zoom, or live in our Jacksonville Law Offices.
