#30
During RepresentationHigh Risk
The lawyer leaks your case information to third parties
Breach of Confidentiality
Why It's Dangerous
Lawyers have a legal duty of confidentiality — they must not disclose a client's case information or personal details to any third party. If you discover the other side knows something you only told your lawyer, or that your lawyer discussed your case details publicly, this is a serious breach.
Real Case
A client discovered that the opposing side accurately cited strategy details during a hearing that the client had shared only with their lawyer via private messages. Investigation revealed both lawyers worked in different departments of the same firm, and the information had been leaked internally.
* This case has been anonymized. Details have been adjusted to protect privacy.
What To Do
1
Watch for signs that the other side knows information you shared only with your lawyer2
Communicate sensitive information through encrypted channels where possible3
If you confirm a confidentiality breach, switch lawyers immediately and preserve evidence4
Report the breach of confidentiality to the bar association