Legal Question in Legal Malpractice in Missouri
Is sharing a clients banking information with other parties illegal and/or grounds for disbarrment? Is there any recourse against a lawyer who does this/has done this?
1 Answer from Attorneys
The failure to protect private information can submit an attorney to discipline from the Supreme Court and civil liability to those affected. However, there may be times in which sharing sensitive information is part of the progress of a case. Sometimes banking information can be a legitimate subject of discovery. Even then, the most critical information (SS#, ACCT#, DOB) are to be redacted from documents, unless that information in legitimate Discovery information. Violating this trust, can be grounds for disbarment.
If your banking information was sent by an attorney in a case, directly to other represented parties, that can also be a breach of the duty to against improper communication. If they gave your banking information to the attorneys representing other parties, those other attorneys ar also bound to protect your private information. They may not be able to show it to their clients, even though they have a legitimate purpose for getting it from the first attorney. If it was your attorney that gave out the information, you need to ask them what was sent and why. Perhaps they had the belief that they had more authority to share information than you have actually given them. If you are not satisfied with the reasoning, then you can make a claim with the bar, and seek civil redress for your damages.
This has been a general description of possibilities based upon your very general description of the facts. Prior to deciding what to do, you should consult directly with legal counsel in your area. Get advice specific to the particular facts of your situation. There aren't a lot of attorneys that take on legal malpractice cases. So, if you cannot find one in your area, it is better to consult with a civil practice lawyer than none at all.
Please allow your attorney to explain the purpose and extent of the dissemination of information prior to filing suit or making a bar complaint. If you have to make a bar complaint, it might be better taken, if you can honestly show that you first asked the attorney to explain what happened and why. Having a copy of the letter or email wherein you asked for the explanation, might be good support for your bar complaint or malpractice suit.
Good luck
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