Can an attorney tell other people about our case without our permission?

[JuneFirst 1]

Alright, here is the question:

Can our visa attorney share information about our case with other people/ tell people he is working for us? [even family]

Hope somebody knows the answer.

[canadian_wife 1,829]

We had a lawyer, my husband met with them many weeks before I met with them. I called them to ask a question before they met me and it was like breaking into Fort Knox to get info out of them regarding MY case.

I'm sure each firm is different regarding how and when they dispense information about a case. However, if they gave information to a family member, I do not believe it was done maliciously. You can contact them and insist that they do not share information with anybody other than you and your spouse, then they are bound to abide by it.

As for the legalities of it, I'm not sure. Is it like Doctor/Patient confidentiality or is it more like an honour code?

Good luck.

[Otto 83]

Can they? Apprently so - Should they? I don't think they should.

[Brother Hesekiel 2,236]

Your attorney can toast naked babies on his BBQ and feed them to the crocodiles, but that's not what you want to know. You want to know the legal aspects of this.

Your attorney can and should disclose to parties that have a legitimate interest that you have retained him or her. Assuming you are an adult, neither your parents nor siblings nor other relatives have a legitimate interest in the eye of the law. (Actually, Justicia is blind.)

Your attorney can discuss your case with his/her coworkers, or other attorneys, but only without revealing your identity. He/she cannot share information about your case with people or entities you have not authorized him/her to do. USCIS is certainly an authorized entity and several Federal agencies, such as the IRS may have an interest in you as well, but they'll need a court order in order to take a peak into your file or get information from your attorney.

If your concern is that somebody you know might be spying on you or be nosy and call your attorney and ask questions . . . nope, they won't get any information from him/her, legally speaking.

[Darnell 8,479]

There is 'confidentiality' with your attorney. Supposedly. Something along the lines of 'attorney-client' priviledge.

HOWEVER.

Sure - an attorney can discuss the particulars of your case with ANYONE, as long as YOUR IDENTIFYING bits are not disclosed.

It all boils down to the particular practices of **that** attorney.

My lawyers talk with me all the time about their cases, without telling me WHO they are talking about.

But mostly, my lawyers are my friends, albeit on my payroll (at times).

Nota.Bene. - my lawyers are NOT immigration lawyers, but Intellectual Property specialists.

[VanessaTony 3,567]

Alright, here is the question:

Can our visa attorney share information about our case with other people/ tell people he is working for us? [even family]

Hope somebody knows the answer.

He can share information with co-workers but it's usually by matter type or surname. Everyone in the firm is held to privacy laws and cannot discuss it with anyone else outside the firm.

If you know someone at the firm they typically won't discuss it with that person either. The main issue being they need to KNOW they know you and you can advise that you prefer it not be discussed with that person.

They cannot admit to being your solicitors unless asked by the firm representing the person who the case is against and even then only if the person/firm gives a matter number so they know it's official.If the person claims to be involved but has no information then they're simply told that they should wait for correspondence from that persons solicitor, without admitting it's them.

Family members are also not involved unless signed permission is given. Sometimes even with that permission discussions will only occur in person so they know it's that person, and not someone claiming to be them. Even if your mum went into the appointment with you, unless she's listed as a contact on the file they won't discuss it with them.

They're also technically not supposed to discuss your case at all, even while withholding identifiers as if they told you this one guy did X, Y and Z and you overhear from someone else that so and so did X, Y and Z you can put 2 and 2 together and now you have even more info about the case. As a layman they shouldn't be told anything. They usually need your permission to file articles about it too.

These are of course the rules. There are good and bad firms everywhere. If in doubt, you can have your solicitor sign a privacy statement outlining that they will not discuss your matter with anyone else (outside of people you select) without receiving written approval. If they break that you can sue them... doesn't change they told anyone, but if they risk being sued they'll be more quiet about it.

Edited February 20, 2010 by Vanessa&Tony