The Attorney-Client Relationship in Divorce Proceedings

One of the most important things to understand when filing for a divorce is the attorney-client relationship. This partnership is one built on trust, especially when you find yourself struggling during this likely difficult and stressful time. 

The divorce lawyers at the Law Office of Laurence J. Brock are here to help you every step of the way, providing you with the information and help needed during this trying time.

Understanding Your Relationship with a Divorce Lawyer

It’s normal to have to reveal personal information to your divorce lawyer, but understanding your relationship may make things a bit easier. Laws in California recognize an attorney-client privilege, which states that a client needs to be open and truthful with their lawyer. 

Due to this understanding of the trusted relationship, an attorney is not allowed to share private or trusted information of the client with a third party. 

Many divorces involve sensitive and private issues, so the following list gives examples of some instances that your lawyer is unable to disclose to a third party:

• Mental health issues or concerns
• Child custody cases
• Property division
• Allegations of varying forms of abuse including physical, emotional, and sexual
• Drug or alcohol abuse claims
• Other personal matters

However, the privilege only exists under the understanding that the client and lawyer have an official attorney-client relationship. In some circumstances, the attorney-client privilege can still apply even with a non-client. For example, if a person is seeking legal advice and relies on that advice, or the person is considered a prospective client, the privilege still applies. 

When Can Your Lawyer Disclose Information?

In most circumstances, under attorney-client privilege, a lawyer is unable to disclose information about the client. However, an exception to this ruling may be made in relation to a child in danger. Here are some other examples of why a client-attorney relationship may be waved:

• Death of the Client – If a client has died, the attorney may break the relationship to provide information to heirs or other parties related to the client.
• Crime or Fraud – If the client seeks advice from their attorney about criminal activity, the lawyer can provide information to the police about the activity. 
• Common Interest – If two parties are represented by the same lawyer for a shared legal matter, neither client can hold a client-attorney privilege with the shared attorney.

If a lawyer discloses information during a divorce proceeding, that information can greatly impact the details of your claim. Because of this, it’s important to talk with your lawyer about the attorney-client relationship, what they can disclose, and what information is protected by them. 

Call a Rancho Cucamonga Divorce Attorney 

Deciding to file for a divorce is no simple matter, which is why it is important to understand why you need a divorce lawyer on your side. Our attorneys at The Law Office of Laurence J. Brock understand the importance of confidentiality, and will continue to maintain it as we work together on your case.

We will help you along the way, answering your questions and making you feel safe. When you’re ready, reach out by calling 909-466-7661 or by completing the online contact form below.