Want to Vent about Your Divorce Case with a Friend? Think Again! The Attorney-Client Privilege in Chicago Divorce Cases Explained
There are no two ways about it – divorce cases are often tough, emotional, and can feel like they take a very long time. Aside from the stress of splitting up from a spouse and separating a once-shared life, a civil Chicago divorce case can take on a life of its own, requiring time, finances, and mental and emotional energy. There is no wonder, therefore, why many people going through a Chicago divorce want to vent about the ins-and-outs of what they are going through: the strain on the kids, the annoyances caused by the soon-to-be ex-spouse, the financial picture, and the stressful drain. However, should a person who is going through a Chicago divorce case share details about their divorce with a friend or family member? The answer is that those who are going through a Chicago divorce must be painstakingly careful when it comes to deciding whether to share information about a pending divorce case because sharing such information may break the attorney-client privilege.
What is the Attorney-Client Privilege in Chicago Divorce Cases?
When it comes to presenting evidence in a civil court case, the general rule is that evidence that is relevant may be admissible. This generally low threshold, however, is limited by many exceptions or limitations contained in the evidentiary rules. One rule that prevents specific relevant communications from being introduced as evidence in court is the rule regarding privileged communications. Privileged communications are communications between certain parties that are not admissible in court, even if they are relevant. Communications between your lawyer and you, for example, are privileged under what is called the “attorney-client privilege.” However, the attorney-client privilege is not absolute, and can be broken in several ways. One way of breaking the attorney-client privilege in a Chicago divorce case is by revealing privileged communications to a third party.
Breaking the Attorney-Client Privilege in Chicago Divorce Cases
In Chicago, a person may break the attorney-client privilege by sharing communications they have had with their Chicago divorce lawyer with a third party. The consequence of breaking attorney-client privilege is that the communications, which may have been sensitive or strategic in nature, become fair game for the opposing side to ask about and to present to the court. Therefore, it is absolutely critical to be careful when sharing details about your pending divorce case with any third party other than your lawyer. If you have questions about what and what not to share, the best practice is to speak with your experienced Chicago divorce lawyer.
Help for Divorcing Individuals in Chicago
If you are seeking legal assistance for your Chicago divorce case, contact the skilled and experienced Chicago divorce lawyers at the law firm of Birnbaum Gelfman Sharma & Arnoux, LLC. The experienced Chicago divorce lawyers at Birnbaum Gelfman Sharma & Arnoux, LLC offer a confidential consultation to learn about your unique Chicago divorce case and to see if they can help fight for you. Contact Birnbaum Gelfman Sharma & Arnoux, LLC and speak to an attorney about your Chicago divorce case today.