This is not an unusual request. Going through a family law situation is difficult, especially when facing it alone. Oftentimes, friends and family members are essential in supporting a person going through this situation, may it be financial or emotional. Naturally, the people who have invested themselves in this supportive role want to be there for the consultation. Or, the person who needs the consultation may request for support to be present. This is also common when the person funding the legal matter may not be the person who is seeking legal representation. The person funding the matter may want to make sure that he or she understands how and where the money will be spent.
For most people, taking someone along to the consultation is a reasonable choice. Afterall, they may want to discuss the situation with that person before making a final decision as to whether or not to hire that attorney or to even start the process of a lawsuit. However, many are not aware that doing so may have an impact on their right to confidentiality.
First of all, consultation with an attorney is confidential. That means that, under normal circumstances, almost anything you tell an attorney at the consultation cannot be forced to be revealed to others or at court. (Of course, there are some exceptions to this rule, but those will not be discussed here.)
The problem comes when a third person is introduced into the consultation. When a person seeking the consultation brings another person to the consultation, the act of doing so may automatically forfeit the right to confidentiality at the consultation.
So what should you do when you feel the need to have support during a consultation? The best thing is to approach the consulting attorney about the situation, and see what the attorney suggests. Is it possible for your support person to wait outside the consultation for you in case you need that person? You may also be able to ask your consulting attorney if he or she is comfortable speaking with your friend or family member who may be funding your case to explain the payment process. While this blog is not to tell you that you should never have a third party present at a consultation, it is definitely something you should speak with the consulting attorney about prior to your consultation, especially if it is over the phone or video conferencing, in which the presence of a third party may not be readily recognized by the consulting attorney.
The content provided in this blog is for informational purposes only. This is not legal advice, and your viewing of this blog does not form any attorney-client relationship.
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