The safety of your confidential information in a malpractice case

When you hired your attorney in California, you shared personal and business information with him or her as the two of you worked on your case together. Now, you believe your attorney behaved unethically, and you may have grounds to sue. What about the information you shared, though? Is it safe? The legal team at Lange Law Corporation has a thorough understanding of the laws regarding confidentiality.

According to the Orange County Bar Association, your attorney’s duties of loyalty and confidentiality to you continue after you part ways. In fact, confidentiality is one of the most important duties at the end of the relationship. Otherwise, most people who have been victims of legal malpractice would doubtless be too concerned about how the information they shared with their attorney could be used against them.

A ruling from the California Supreme Court explicitly states that your attorney is forbidden to use any of the knowledge of you and your case to injure you in any way. Even if the attorney does not actually share your information with someone else, if he or she uses it against you, it is a breach of the continuing duty to you.

In spite of all these protections, legal malpractice litigation could result in some of the privileged information coming up in court as your former attorney attempts to defend himself or herself. This only applies to information that is relevant to the malpractice case, though. If the attorney brings up any confidential information in an attempt to attack you, and it is not necessary for his or her self-defense, the court would consider that a breach of confidentiality.

More information about matters that constitute a breach of an attorney’s duties is available on our webpage.