The Right to Privacy in Florida Divorce

Anyone who has ever seen a legal program on TV knows that what a client says to their attorney is privileged – meaning that the attorney cannot divulge what he or she has discussed with a client, either of their own free will or by a court order. It is one of the fundamental principles of our justice system.

However, there are some scenarios where the attorney-client privilege is not protected. For example, if a client tells an attorney that they plan to commit a crime (including perjury), that attorney could be compelled to testify in court about that disclosure.

In addition, the attorney-client privilege can sometimes be lost if someone else (other than you or your lawyer) either hears, sees or reads confidential communication between you and your attorney. If, for example, you bring your sister along to your meeting with a divorce lawyer, your privilege could be compromised. This is why a divorce lawyer may ask to meet with you alone.

Also, if you share letters or disclose any confidential information to friends or family, this may jeopardize your attorney-client privilege.

You should also be aware that medical, financial and psychological records may be subpoenaed by opposing counsel, especially if there are questions of domestic violence or child abuse. Medical and psychological professionals who have treated you may be called upon to testify as well.

Your divorce attorney can inform you about confidentiality and privacy rights as they pertain to your case.