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Is Everything I Discuss With My Attorney Confidential?

One of the oldest rules in law, is the attorney-client privilege. This means that what you discuss and reveal to your attorney is confidential. Your attorney is not allowed to reveal what you discuss with him/her. A Court cannot compel your attorney to reveal what you said to your attorney. Even if your attorney mistakenly reveals your confidences, to the Court, they cannot be used against you.

The attorney-client privilege applies in all cases, criminal and civil.

There are very few exceptions to the attorney-client privilege, they are:

– The client states that they are going to do a FUTURE crime. If the client states that they are intending to commit a crime in the future, that is not protected by the attorney-client privilege. This is in contrast to when a client reveals a PAST crime. If the crime has already been committed, and the client confesses that fact to his/her attorney, that is covered by the attorney-client privilege.

– The attorney is assisting the client in committing fraud or in wrongdoing. If the client reveals a fraud or crime, and the attorney assists the client in continuing the fraud or the crime, that can also be an exception to the privilege.

– The attorney-client privilege is broken, because there is a third-party who hears the client reveal the secrets to the attorney. If there is a third-party, who is not an attorney or works for the attorney, that is present and hears the client reveal their secrets, then there is no attorney-client privilege.

When discussing your case with your attorney, you should feel free to reveal everything to your attorney. Indeed, it is usually best if your attorney knows all the facts, both good and bad.

If you are seeking legal advice, about your divorce, child custody, child support, orders of protection or any matters related to matrimonial and family law, contact David Badanes, Esq. and the Badanes Law Office,P.C. David Badanes has represented hundreds and hundreds of clients and provides his years of expertise to his clients. David Badanes, Esq. and the Badanes Law Office, P.C. can help you and will answer all your questions. David Badanes and the Badanes Law Office, P.C. can be contacted at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.

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