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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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My wife is being charged with a second dui. She has a lawyer

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My wife is being charged with a second dui. She has a lawyer who arent really sure if if was working in her best interest. Because of this we has a free consultation with another lawyer to see his opinion. Two days later we get a call from my wifes acting lawyer who told her he didnt appreciate her smearing his name. In other words what we thought was a confidential consultation with a second lawyer was discussed with her acting lawyer. This now has compromised how her lawyer feels about my wife. There were no smearing, just concern. Did the second lawyer break any ethic rules about discussing this consultation with her acting lawyer, and if he did what should we do?

Brandon M. :

Hello there.

Customer:

What would you like to know

Brandon M. :

Hi, I was just waiting for you to come online. Welcome.

Brandon M. :

Generally, anything disclosed to an attorney during a consultation cannot be revealed by the attorney without the client's consent.

Brandon M. :

I would direct you to Georgia's Rule of Professional Conduct 1.6: http://www.gabar.org/barrules/handbookdetail.cfm?what=rule&id=57

Brandon M. :

Disclosure of confidential information can easily lead to disbarment .

Customer:

so what do I do. what is my recourse

Brandon M. :

Well, the recourse is up to you because that's a personal, but when an attorney has violated the rules of professional conduct, a complaint can be filed with the State bar association. http://www.gabar.org/forthepublic/fileacomplaint.cfm . If it was me, I would probably contact the attorney who made the disclosure to get his/her side of the story before filing a complaint. People make mistakes and I might feel sympathetic toward someone who said "you're absolutely right, and I'm so sorry... I was distracted and it was a terrible mistake. How can I make it up to you?"

Customer:

ok thank you for your answer. that should be enough information for me.

Brandon M. :

A violation of the professional code of conduct is also considered malpractice; if there are any actual damages that result from a breach, it may also be possible to sue the attorney who broke the code. To do something like that, you would normally want to enlist the help of a professional malpractice attorney.

Brandon M. :

Certainly. I'm really sorry that this happened to you. You have a right to assume that your communications with your attorney are confidential.

Customer:

just one more thing after your answer. are you talking about damages from the attorney not representing as her should.

Customer:

meant attorney not representing my wife as he should

Brandon M. :

I was actually talking about damages from an attorney who violated the code of professional conduct, but it could apply to any attorney who breaks the code of professional conduct. We discussed confidentiality, but the code also attorneys to perform their work with diligence, competence, and in the best interests of the client. You can see the entire code of professional conduct here: http://www.gabar.org/barrules/georgia-rules-of-professional-conduct.cfm An attorney who breaks any one of the rules can be subject to discipline from the state bar and a lawsuit for professional malpractice.4

Customer:

thanks again. have a good evening.

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