Question: I need help replying to this pls chealsa Mr. and Mrs. Smith from Virginia, are divorcing and they have a child together. Mrs. Smith hires
I need help replying to this pls chealsa
- Mr. and Mrs. Smith from Virginia, are divorcing and they have a child together. Mrs. Smith hires an attorney to help her get the child back from Mr. Smith who fled to a different state. Mrs. Smith's attorney would talk to Mr. Smith in private about the case and parenting plan. But when Mrs. Smith would ask her attorney what was said in private between her and Mr. Smith the attorney would reply " I am not at liberty to discuss that with you at this time".
- In this scenario Mrs. Smith attorney is in violation of Rule 1.6 Confidentiality of Information. According to the Virginia State Bar Rule 1.6(a) Confidentiality of Information
- A lawyer shall not reveal information protected by the attorney-client privilege under applicable law or other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b) and (c).
The attorney for Mrs. Smith could potentially give Mr. Smith information that could be used against Mrs. her case. Additionally Mrs. Smith is paying the attorney to help her win her case and have custody of the child.
- I think Virginia Rule 1.6 (a) uses plain language and covers what attorney-client privilege is. Mrs. Smith's attorney was using the emotional instability to play both sides of the divorce case. Both parties should have been in the room with the attorney to discuss elements of the divorce and child custody. It was wrong of Mrs. Smith attorney to charge her and then turn around and "represent" the other person involved.
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