When entering the highly emotional process of a divorce, many wish to have the support of those closest to them during this difficult time. Although these friends or relatives may provide you with significant emotional and moral support, they also may compromise your case. Therefore, it is important to discuss privately with your Orlando Divorce Attorney the involvement of a third party in your meetings or consultation in order to properly determine your rights and make an informed decision regarding their presence.
On an emotional standpoint, many feel as though it is necessary to bring a third party for support, to speak for them, and to take notes on the details of the conversation and important details the lawyer provides. However, when a third party enters the conversation it can prevent you from being forthcoming with all details of your marriage, finances, childrearing, and relationships due to embarrassment. It is important to be open with your attorney as to ensure they are properly prepared for every detail of your case. Furthermore, when a third party enters the conversation clients tend to lose their own voice during the process. However, we encourage clients to find their own ground to stand on, make their own decisions based upon their own beliefs and what is in the best interest of their own family. During this difficult time, simply pacifying the others around you will not ensure that you are being protected and getting what you need out of your Orlando Divorce Attorney and out of your own divorce. An empathetic and experienced Orlando Divorce Attorney will ensure that your voice is heard, that you understand, provide you with details and facts to remember from your conversations, and ensure you feel comfortable sharing the details of your family relationship with them. It is imperative that you walk away from your meetings feeling confident, engaged, and knowledgeable about your proceedings.
From a legal standpoint, having a third-party present during any conversation between an attorney and client destroys the protection of attorney client privilege. Any communication, sought for the purpose of legal aid, between a client and attorney, in confidence, is considered to be confidential and privileged. Therefore, a client can refuse and prohibit any other from disclosing these communications between themselves and their attorney. Therefore, your spouse may not call upon you or your attorney to reveal any of the information you provided to them during your employment of the attorney. However, the communication looses this protection when made within the presence of other parties, removing the “in confidence” requirement. Therefore, if you knowingly provide private information regarding your divorce proceedings and strategies, in the presence of your attorney and third party, this information is no longer privileged, and your spouse may compel the third party to testify as to the conversation between you and your attorney.
Although friends and family may be beneficial to your mental and emotional well-being, they may also result in a hindrance to your case. Therefore, it is important for you to weigh all the factors involved with a third parties’ presence in your meetings and discuss this with your Orlando Divorce Attorney.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.