People generally need to trust their lawyers. They need to believe that their attorney is competent and that they consistently act in the best interests of their clients. A lawyer typically needs to know a lot of private information to offer the best guidance possible concerns.
For example, a client preparing for divorce may need to disclose certain types of marital misconduct to their attorney as well as their financial plans for the future if they want to obtain the best possible outcome. Someone responding to criminal charges may need to discuss deeply personal and private matters with their lawyer that could make them legally vulnerable if other people were to uncover that information.
In general, those who hire lawyers should be able to speak openly with them thanks to attorney-client privilege. Lawyers have an ethical and legal obligation to confidentially handle private matters for their clients. A violation of confidentiality rules may constitute legal malpractice.
Privacy breaches can lead to complications
Sometimes, lawyers make simple mistakes. They forward the wrong email to opposing counsel, unintentionally disclosing previously confidential information to the other party involved in the legal dispute. Other times, they might disclose details about their clients while networking with another lawyer or talking with social acquaintances. Any disclosure that violates attorney-client privilege is potentially an act of legal malpractice. It is a violation of professional standards that undermines the value derived from legal representation.
What can clients do after a confidentiality breach?
When someone who hired an attorney discovers a violation of their confidentiality rights, they may have grounds for a legal malpractice lawsuit. Establishing that a violation of attorney-client privilege occurred is the first step. After that, the client can request economic compensation for the harm caused by that professional failure on the part of their lawyer.
While financial compensation does not necessarily undo the harm that a breach of a client’s confidentiality may cause, it can at least help offset the economic impact that such a violation could potentially generate. Additionally, the record of the malpractice lawsuit can help serve as a warning for future clients looking into a specific lawyer. Those who have hired a lawyer only to have them fail in a basic aspect of their job, such as maintaining confidentiality, have every reason to feel frustrated and disappointed.
Pursuing a legal malpractice lawsuit can lead to a sense of vindication and potentially compensation as well. Clients who receive unprofessional legal representation can sometimes hold their former lawyers responsible for their failures while practicing law.