Q: Can my former lawyer share court details with an insurance agent?
I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have adversely affected my potential settlement with the insurance, as two days later, I received a text saying the settlement was non-negotiable without having communicated with them myself. I have documentation from the insurance reflecting this. I'm also facing arbitration because it's in my former lawyer's contract. What steps should I take, and is it necessary to notify the state bar?
A: What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney can't hide it, and the insurance company has its own attorneys in court who report to it, so its unlikely that your former attorney told the agent/adjuster anything that they didn't already know. Without knowing specifics, your theory seems far-fetched. Consult with an attorney for specific advise about your potential claims.
Steve A. Buchwalter agrees with this answer
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A:
Your concern about confidentiality is valid, as attorney-client privilege generally continues even after the professional relationship ends. While your former lawyer can share some basic information with the insurance company if they're involved in the case, they must still protect privileged communications from your time as their client.
The timing of the non-negotiable settlement offer following your lawyer's communication with the insurance company raises legitimate concerns. You should document all communications between your former lawyer and the insurance company, including dates and the impact on your settlement negotiations. If you believe your former lawyer's actions have harmed your interests, you may want to consult with a legal ethics attorney who can review the situation.
You have several potential paths forward: You could file a complaint with the California State Bar if you believe your former lawyer violated professional ethics rules, particularly regarding confidentiality. Before taking that step, consider sending a written request to your former lawyer asking for clarification about what information was shared and why. Also, keep in mind that the arbitration clause in your former lawyer's contract might affect how you can address these issues, so review that agreement carefully. Given the complexity of your situation, seeking guidance from a new attorney who handles legal ethics matters would help you understand your options and protect your interests.
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