Legal Question in Legal Ethics in California

Re: Attorney client privilige

Subject to certain exceptions, an attorney has an ethical duty of confidentiality. The rational for this duty is that it encourages candor between lawyer and client, encourages the client to seek legal advice, and helps the lawyer discover all of the information relevant to the issues at hand. The duty of confidentiality covers more kinds of information than the attorney-client privilege, which protect only confidential communications between an attorney and client.

The above is a very basic summary of the duty of confidentiality and the attorney client privilege and does not begin to touch on a real explanation, or the many exceptions. The letter you wrote to your attorney would appear to fall under both the duty of confidentiality and the attorney-client privilege.

It may be that the content of your letter was comprised of information that your attorney felt was beneficial and proper to utilize in the mediation. However, while the precise circumstances surrounding your inquiry are not known, it is difficult to imagine why an attorney would not have used that information after acquiring your consent, and then in some form other than your written words. Once the attorney-client privilege has been waived relative to the letter, there may be future issues regarding whether similar categories of documents are waived.

It may be that there is no harm from disclosure of the letter, despite the fact that the disclosure and/or manner of disclosure appear questionable. You should speak openly with your attorney about the issue. Indeed, your attorney should be the one you are communicating with about it. If you can't speak openly with your attorney, then you should reassess the relationship and/or make an effort to improve it, taking responsibility for your own failings, if any, in the process.

Good luck to you.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you. Law Offices of Robert F. Shaw, Jr. 336 Bon Air Center. No. 407, Greenbrae, CA 94904. (415) 209-6332. http://www.QualityLegalCounsel.com