Attorney-Client Privilege & Client Confidentiality

April 4, 2009
By Musca Law on April 4, 2009 9:08 PM |
Criminal defense lawyers find that clients are often unsure of the precise rules that govern the attorney-client relationship, and specifically, the degree of privacy surrounding their communications. The conversations between lawyers and their clients are afforded a great deal of deference under the law.

Client confidentiality refers to the confidential nature of communications between you and your DUI defense attorney. When you meet with your lawyer in private - like in his office - he is ethically bound to keep confidential the information you disclose to him regarding your case and the legal representation he is providing. This extends to almost all matters, but there are some exceptions. If you disclose plans to commit a crime in the future, for example, the attorney can reveal your statement to police or other interested individuals to avoid having the planned criminal activity to fruition.

Attorney-client privilege refers to a lawyer giving testimony about his relationship with the client. In almost all circumstances, your attorney cannot testify to the information you told him as part of his legal representation. The privilege continues even after the representation is over. This means that if you are guilty of DUI manslaughter and you tell your criminal defense lawyer about the details of your drinking and driving, he cannot testify against you at your criminal trial - even if you fire him or he quits, and you retain a different lawyer.

There are two important instances in which an attorney may reveal information related to his client. The first is when a client claims that the attorney committed malpractice in the course of the representation. For instance, if the client claims the attorney gave him extremely faulty legal advice, the attorney may testify to the advice he gave - even if it means he would have to disclose some details of their private conversations. Similarly, the attorney can disclose some information in the event of a financial dispute, but only so much as is necessary to resolve the problem. Such information could include the signing of a retainer agreement or the services for which legal advice and representation were to be rendered.

If you have been arrested for drunk driving or any DUI crime in Florida, contact the Tampa DUI defense lawyers as soon as possible to discuss your case.