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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27682
Experience:  Attorney with experience in family law.
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Can a divorce attorney share personnel client conversation

Customer Question

Can a divorce attorney share personnel client conversation with opposing attorney in Arkansas divorce proceedings? Can a divorce attorney make client decisions without the client consenting if it changes the outcome?
Submitted: 11 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Attorney/client communications are privileged. If there was no third party present during the conversation, it's a violation of the Rules of Professional Conduct to share them with anyone without the client's consent - including opposing counsel. Rule 1.6. There are some exceptions if the lawyer believes that the client is about to commit a crime or is committing fraud, but generally, no, he cannot reveal information obtained during private conversations.

The Rules of Professional Conduct also require that an attorney keep a client reasonably informed of developments in the case and consult with the client about important decisions. Rule 1.4. That means the attorney cannot make decisions that would affect the outcome without consulting with the client.

You have the ability to file a grievance.

https://courts.arkansas.gov/sites/default/files/Grievance_Form.pdf

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