Are conversations with attorneys confidential and privileged when you are shopping around before retaining one?

Business 1 views 3 answers
Ok, I'm looking for an attorney and suppose I contact 5 of them and email them a summary of my complaint which will be towards an attorney I plan on suing who was a guardian for my father. Now suppose I just so happen to email an attorney who just so happens to be good buddies with the attorney I plan on suing or maybe worked with him at the same law firm in the past. Let's assume I never end up hiring this attorney. Now would it be legal for the attorney I never hired to tell his buddy, "hey someone approached me about suing you, whatever happened?" I understand the attorney/client privilege and confidentiality laws, but does this only apply once you retain an attorney or does it also apply to discussions you have with potential attorneys that you might retain when shopping around, but never actually retaining them?

Attorney Answers

3
Katherine Nepton ·
Generally yes, those conversations are to be kept confidential. However there are times where that rule can be bent, for example if I lived in a town with only 3 attorneys I couldn't tell all three about my case and expect the other party to not be able to have access to an attorney. It also depends on how much information is passed and if an attorney client privilege has been formed. More information would be necessary to know if a relationship was formed between you and this attorney. Good Luck, ~Katie
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Jared Roberts ·
You can manage this relationship. First, don't blind email an attorney (or anybody) with your sensitive information. Call them first, so they are expecting it. Identify the parties on the other side and ask the attorney whether they have a conflict before you tell that attorney anything that could be a harmful side to the case. Communications with an attorney for the purposes of seeking legal advice are generally privileged. I treat information received during the intake process, or during discussions to determine whether I am the right attorney for the job, as confidential, even though no attorney-client relationship has attached. But, I get the identity of the opposing parties and ensure there's no conflict before I get anything beyond a thumbnail sketch of the dispute. Ask the attorney if she or he will keep the pre-retainer negotiations confidential before you disclose anything.
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