What is attorney client privilege? Under the law in Georgia, and probably everywhere, the things that an attorney and a client discuss are confidential. No one can make the attorney tell about the things that they've talked with their client. And vice versa. They can't make the client talk about what their attorney has told them. But either side can break that confidentiality by disclosing things to third parties.
So one of the things I often see is that people will bring their mother, or their father, or their friend, or whoever in for consultation. I always explain to them upfront that if there's anything that needs to remain confidential, that person needs to step out of the room. Because they don't have to ask you or your attorney what you discussed. They just put that third party up on the stand and say, "What did they talk about?"
Likewise, I tell them, don't leave your attorney's office and say, "My attorney said blah blah blah." Because then it's no longer confidential. They don't need to talk to either you or the attorney, they just put whoever heard that on the stand to get the information out.
Another issue with the attorney client privilege is sometimes I have clients who are in a heated email exchange with their spouse and they include me in the emails. And I never respond to those emails because I don't want to violate the attorney client privilege. I will immediately contact my client and say, "Don't do that anymore. Don't include me on any of those things. If you want to forward the emails between just the two of you, that's fine, but don't include me on it."
So, if you ever think that there's something that needs to remain absolutely confidential between you and your attorney, then don't bring a third party in and don't let the third party know any of that confidential information.
I hope this helps. If you think it will help someone that you know, please share. And if you'd like more information about divorce and family law in Georgia, please subscribe to my YouTube channel.
Nedra K. Howard
Nedra has represented clients in matters relating to divorce, separate maintenance, child custody and support, family violence protective orders, adoption, prenuptial agreements, business disputes and litigation, personal injury, property damage, and wills.
John B. MIller & Associates, P.C.
16 Eastbrook Bend, Suite 201
Peachtree City, GA 30269
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770 - 863 - 8355