Tag Archives: confidential

Shhh…CONFIDENTIAL.

03/12/2019 BowTieLawyer Leave a comment

Keeping secrets is my business.

Attorney client confidentiality and privilege are legal terms of art. Today’s blog will deal with confidentiality and privilege will be in a follow up blog.

Confidentiality is an ethical obligation on the the attorney to keep your business, your business. That means that your identity, the fact you called, or had an appointment, and the content of the discussions are all private. It means it is kept a secret to the extent it needs to be.

Confidentiality does not mean you may not disclose some information to others. If there is a pending suit and I am hired and file on your behalf then those facts are no longer confidential. If I need to disclose some facts to have an expert evaluate them, then to that extent, the disclosure to a third party, is no longer confidential. However, confidentiality can apply to third parties, including; experts, other attorneys in the firm, and staff in the firm.

The American Bar Assoc. Model Rule 1.6, states:

“A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).”

“The rule prohibits a lawyer from sharing any information learned about their client–whether learned directly from the client or not–that is related to the representation without permission from the client. This is a broad duty. However…there are a number of instances where disclosure is permitted without a client’s consent, including preventing death or substantial bodily harm, preventing the client from committing a crime or fraud that will injure another, preventing or mitigating harm that may result from a crime committed by the client, compliance with other law or a court order, securing legal advice about compliance with the rule, establishing claims and defenses in the event of a dispute between the lawyer and the client, or resolving potential conflicts of interest for the lawyer. Given these numerous exceptions, a lawyer must pay close attention to the particular facts of their situation when determining whether disclosure is permitted.” ABA, Model Rule 1.6

Matthew Thompson is a Mississippi Family Law Attorney and keeps your secrets.

Child Custody, Crime, Divorce, General Legal, Opinion

Don’t Talk too Much.

06/17/2015 BowTieLawyer Leave a comment

There is a saying that Confession is good for the Soul. But, confession may not be good for your future.

The desire to confess, to tell someone your secrets can be overwhelming, that is why lawyers, counselors and pastors/priests exist. These professionals are bound to keep your business your business. This is because these communications are protected by privilege; attorney-client, doctor-patient, and/or priest penitent.

That person you just met is not bound by anything. They can tell anyone they please and more importantly could be compelled to testify if legal proceedings were ever to be had. Even if you said something that was not true this person could say you said it.

Also, telling people your business is bad business. You never know when that certain something comes back to bite you.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients to not “tell-all” to non-privileged individuals.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.

General Legal, Opinion

5 Dirty Secrets about Secrets!

03/09/2015 BowTieLawyer Leave a comment

I keep secrets for a living.

No, I am not in the NSA, but I have less issues keeping secrets than they do and the CIA.

Keeping secrets is not hard, but it’s very easy to slip up. Here are sure-fire ways to ensure that your secret gets out.

5 Ways to Spill the Beans:

5. Tell someone else. It’s no longer a secret when more than one person knows about it. There are only a few circumstances when privilege applies to disclosed secrets.

4. Write it down. Keeping a Journal may be good for your mental health, but it also creates a record of your activity.

3. Take a Picture. Cameras on cellphones have lead to more evidence than just about any other device.

2. Get Drunk. It’s been said that “a drunk man says what a sober man thinks.”

1. Text It. Similar to #3. Text messages have done in many a secret. Not only are they very easy to send. They are easy to send to the wrong person, and come with a time and date stamp!

Matthew Thompson is a Divorce Attorney and knows how to keep a secret.

Follow the blog: BowTieLawyer

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

Child Custody, Divorce, General Legal, Marriage

Marital Privilege – From the Bedroom to the Courtroom.

09/27/2013 BowTieLawyer 1 Comment

We hear a lot about attorney-client privilege, doctor-patient privilege and even priest-penitent privilege, but there exists a marital spousal privilege, though application can be limited and tricky.

A spouse to spouse communication is confidential if it is made privately by any person to that person’s spouse and is not intended for disclosure to any other person. In any proceeding, civil or criminal, a spouse has a privilege to prevent that person’s spouse, or even a former spouse, from testifying as to any confidential communication between that person and that person’s spouse. The privilege may be claimed by either spouse in that spouse’s own right or on behalf of the other.

This means that a husband can prevent a wife from testifying about something he told her in confidence. It also means that an ex-husband can even prevent an ex-wife from testifying about something he told her in confidence, during the marriage.

So, you ask,“How can I testify about what my spouse said in my divorce case?”

Exceptions. There is no privilege under this rule in civil actions between the spouses (including divorce) or in a proceeding in which one spouse is charged with a crime against; (1) a minor child, or (2) the person or property of (i) the other spouse, (ii) a person residing in the household of either spouse, or (iii) a third person committed in the course of committing a crime against any of the persons described in (d)(1), or (2) of this rule. MRE 504.

Matthew Thompson is a family law attorney and warns you not to count on spousal privilege in a divorce action. So be careful about the content of those sweet nothings that you are whispering.

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Divorce, General Legal, Opinion

Keeping Quiet; Family Law’s Most Difficult Challenge

01/28/2013 BowTieLawyer 3 Comments

Loose lips sink ships, less is more, mind your business, and be nice or at least indifferent. All good advice, given everyday and routinely ignored.

Coping with litigation, especially family law litigation, is tough. “Venting” is common and can be therapeutic,(click here for dealing with stress) but be careful who you vent to. If it is done to the wrong person it will come back to bite you. But…you say, “I am only telling the truth.”

The truth is if your cheating spouse loses his job everyone is worse off. The truth is if your spouse, who is a sorry parent because they are more interested in going to the Electric Cowboy, is vilified in front of the children it will be harmful to them. (They will know in time. An exception may be made if the parent’s sorriness affects the children’s actual safety).

Also, telling people your business does not bode well for reconciliation. Telling your “friend that has been through this” what a crummy guy he is, how sorry he is, and how abusive he is, means you and that “friend that has been through this” will NOT be friends when you and Mr. Sorry get back together. I know what you are thinking, “No chance in hell of that,” but stranger things have happened…

So who can you vent to?

Your Lawyer. We are paid to listen, counsel and advise…though we all have our limits.
Your Counselor. It’s their job, too. They listen, do not judge and can offer coping mechanisms. Don’t have a counselor? Ask your lawyer.
Your Preacher. They have heard it before and are very familiar with Sodom and Gomorrah and fire and brimstone. Your situation is probably not that bad.
Your Momma. I don’t mean this in the slang sense. Really, speaking with a parent, or other trusted adult, can help, even if you are a grown-up, yourself. Just be careful because what you say to a lay person is not protected by attorney-client privilege, doctor-patient privilege, nor priest-penitent privilege. (I have less concern about you telling your mom how sorry he is because deep down mom always “knew” it).
Your Friend that has been through it. This can be a great resource of knowing what to expect and leaning on a sympathetic ear. Be careful here, too, as there is no privilege and she could be playing both sides, and reconciliation means y’all likely won’t be friends.

Be sure you let your attorney know who you are talking to. They need to know. They may have represented that friend, or otherwise been involved in that case, and may have some insight as to whether you should be talking to that person.

Matthew Thompson is a family law attorney that knows how to keep quiet about your business. Confidentiality and privilege are two things taken very seriously at TLF.