Key Aspects of Attorney-Client Privilege in New Jersey Divorce

Rules and Advantages of Attorney-Client Privilege when Getting Divorced in New JerseyA divorce is as personal of a legal case as it gets and, through the divorce process, there will undoubtedly be questions or issues you have that involve revealing very sensitive information to your lawyer. So, how can you be sure your lawyer will not repeat this information to anyone else? Can they only share with the court information you give them permission to share? Is there anything they are required to disclose to the court, even if you asked them not to? These are all important questions and navigating your relationship with your divorce lawyer with confidence and openness is key to a successful case.

Attorney-client privilege plays a pivotal part in ensuring that you have confidence to share private information with your lawyer, so that they can form the most effective legal strategy for you, while protecting the confidentiality of the information you share with them. It is essential for building a solid and trusting relationship between the lawyer and client, helping you and your attorney to navigate the complexities and challenges of divorce in New Jersey.

Does Attorney-Client Privilege Ensure Your Secrets Stay Safe During a Divorce?

Attorney-client privilege refers to the vital protection of information exchanged between a client and their lawyer, allowing them to communicate freely with their counsel without fear that the information will be disclosed to another party. The privilege covers all communications between a client and their lawyer whether in verbal, written, or electronic form. This provides the client with confidence in sharing very sensitive or personal information without the fear or embarrassment that someone else might learn the information from their lawyer or that they could get in trouble for sharing the information. Even confessions are protected by this privilege.  With total transparency between the client and attorney, the attorney is able to provide the best legal strategy by considering all of the information.

In the context of a divorce, details about finances, extra-marital affairs, abuse, and more can involve very personal information that a client may wish not to disclose to the court, the public, their family, or even their soon-to-be former spouse. In addition, they may fear that the information could be used against them in the divorce proceedings. By disclosing all relevant information to their lawyers, even if it’s information about the client’s own wrongdoing or information that may not work in their favor, the attorney can better protect the individual’s legal and financial interests.

Under New Jersey law, N.J.S.A. 2A:84A-20, sets forth specific rules about the attorney-client privilege. Generally speaking, it requires that any communications or information exchanged between a client and their attorney for the purpose of obtaining legal advice cannot be disclosed to any third party without the consent of the client. The New Jersey Professional Rules of Conduct, which apply to lawyers in the practice of law, also require protection of information disclosed within the attorney-client relationship.

The Extended Reach of Attorney-Client Privilege in NJ Divorce and Family Law

When a client shares confidential information with their lawyer in New Jersey, this information is not only protected between the lawyer and the client but also any of the lawyer’s legal staff. This means that, while a lawyer can share information about the case with their partners, associates, paralegal, or legal assistant without violating the privilege, clients can also feel confident that all of those individuals working with their lawyer have an equal obligation to keep the information confidential. Therefore, clients need not worry that another individual working in their lawyer’s office could overhear or read confidential information and disclose it to another party. The privilege applies to them as well.

Is Attorney-Client Privilege Guaranteed in Every Case?

The attorney-client privilege in New Jersey is not without limitation. For example, if the client is seeking legal advice about how to commit a crime or further a fraud, then the privilege does not apply. In rare cases, courts can compel disclosure where the interests of justice outweigh the need for confidentiality. In addition, if a client discusses the privileged information with a third party, they may unintentionally waive the attorney-client privilege.

Effective Strategies for Maintaining Attorney-Client Privilege

First and foremost, clients should choose to work with an attorney who they trust and who is experienced in family law. While New Jersey law and the Rules of Professional Conduct for lawyers protect against disclosure of information subject to the attorney-client privilege, clients will feel more confident sharing very personal information with their lawyers if they trust and are comfortable with the attorney they are working with.

It is also crucial that clients are careful with the information they share about their divorce case with third parties like family or friends.  When speaking with your lawyer, it is wise to avoid doing so in public places. Even if you are writing an email or text message to your lawyer, be aware of how secure these communications are. Do not log into your email account on shared devices and, if you do, be sure to log out. Unintentionally involving other people in your legal discussions could result in a waiver of the attorney-client privilege.

Attorney-Client Privilege to Ensure Your Secrets Stay Safe During a Divorce in NJ Attorney Obligations to Uphold Client Privacy in NJ Divorce

If an attorney violates the attorney-client privilege by disclosing confidential information to a third party without your permission, they can face very serious consequences including disciplinary action from the New Jersey Bar or even disbarment – the loss of their license to practice law. These measures are appropriate given the high value placed on the privilege within our legal system and the repercussions to a client if the privilege is breached. Particularly in a divorce case, where sensitive information concerning one’s marriage, finances, infidelity, or children, a breach of confidentiality between a client and lawyer can severely harm the client’s case and/or reputation. It can also be harmful to others in their life like their children.

Speak with an Attorney at Bronzino Law Firm about Attorney-Client Privilege in Your Divorce in New Jersey

A knowledgeable and experienced divorce lawyer at Bronzino Law Firm can ensure that your legal rights are protected through the attorney-client privilege, which can provide you with strategic advantages in your divorce case. For example, if you reveal that you are aware of assets your spouse has hidden, our attorneys can work to explore the issue discreetly without risking that the information will be exposed prematurely. If your case involves infidelity, you may have information that could have an impact on key aspects of your case, yet not be aware of these factors. By sharing this information confidentially with your attorney at our trusted family law firm, we can carefully consider if and how the information should be brought forward and what impact, if any, it may have on our approach to negotiating or litigating your divorce case.

For more information on how our team of dedicated family law attorneys can assist you in your divorce in Manaquan, Belmar, Seaside Heights, Lavallette, Point Pleasant, Long Branch, Bradley Beach, Monmouth Beach, Ship Bottom, or elsewhere at the Jersey Shore, please contact us at (732) 812-3102 today. We are pleased to offer free consultations and look forward to assisting you.