Company Title

Confidentiality

October 4, 2009

Kenneth C. Goodin, Newsletter

Article

Our clients occasionally ask to bring a close friend or family member with them for a consultation or appointment. While a friend or family member is always welcome, you should be aware of the implications of having them present during your appointment.

Generally, third parties, such as a friend or family member, should not be present at meetings with your lawyer. This is for your own protection. Your conversations with your attorney are considered confidential, allowing you to be completely honest so that your attorney is able to know the facts of your situation. Having a third party present risks losing the attorney-client privilege that would otherwise keep the conversation confidential.

The attorney-client privilege covers conversations between you and your attorney and their legal staff; but, if privileged information is shared with practically anyone else, the privilege could be lost. As a result, the third party could be deposed or called as a witness at trial, where they may have to disclose what was discussed during the meeting with your attorney. We prefer not to take that risk. However, if a third party’s presence is absolutely crucial, measures can be taken to allow them to participate, usually in a limited manner, without jeopardizing your confidentiality. If you feel that a friend or family member’s participation in meeting with your attorney is essential, you should let your attorney know ahead of time so that you can discuss the importance of the third party’s participation. Always feel free to ask your attorney any questions you may have about what is or is not covered by the attorney-client privilege.

Ken Goodin, Attorney

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