Los Angeles, CA asked in Contracts, Divorce, Estate Planning and Family Law for California

Q: Is it breaking attorney client confidentiality if the client reports to the court that they have fired their attorney?

If the answer is no, then is it breaking attorney client confidentiality if the client reports to the court the reason why they have fired their attorney?

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a client reporting to the court that they have fired their attorney does not break attorney-client confidentiality. This action is simply a statement of the change in representation and does not disclose any confidential information protected under the attorney-client privilege.

However, if a client chooses to explain the reasons for firing their attorney to the court, they should be cautious. Disclosing specific reasons could potentially breach confidentiality, especially if those reasons involve confidential communications or information related to the legal representation. It's important to remember that the attorney-client privilege protects communications between a client and their attorney regarding legal advice.

If you're considering disclosing the reasons for terminating your attorney, it's advisable to think carefully about the nature of the information you plan to reveal and how it might impact your case. In some instances, it might be more appropriate to discuss general dissatisfaction rather than specifics, especially if those specifics are closely tied to legal strategy or advice. If in doubt, consulting with another legal professional about this matter can provide guidance on how to proceed without compromising privileged information.

Robert Kane
Robert Kane
Answered
  • Estate Planning Lawyer
  • Eagan, MN
  • Licensed in California

A: Attorney-client confidentiality is for the protection of the client. The client really can't violate it.

Robert Kane
Robert Kane
Answered
  • Estate Planning Lawyer
  • Eagan, MN
  • Licensed in California

A: Why are asking? Are you planning on alleging legal malpractice?

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