If you’re talking to a criminal lawyer, it’s because you need advice. You need to know what steps to take to protect you and your family from further harm. You want to protect yourself from criminal liability.
Any conversation you have with an attorney at The Chetson Firm is strictly confidential under the guidelines established by the North Carolina State Bar.
Your Conversations with a Lawyer Are Confidential and Private
Even if you never hire the lawyer, your confidentiality and privacy are protected. Even if you just talk to the lawyer to get some advice, but later decide not to hire him, or decide to hire a different attorney, or decide to ask for a public defender, what you tell a lawyer is protected.
Are There Exceptions to these Protections?
There are a few exceptions to the protections guaranteed to you by a lawyers’ promise to keep the conversation confidential and private. If you are engaged in an ongoing criminal enterprise, the lawyer may not assist you by giving you advice. In addition, if you tell a lawyer that you plan to commit a crime in the future, the lawyer may be required to inform authorities.
What if I tell the Lawyer about Something Bad or Criminal I did in the past?
A lawyer may not divulge or reveal information about past conduct, without your approval. If you tell the lawyer that you murdered someone yesterday, the lawyer may not tell anyone. If you tell the lawyer that while you didn’t murder the person yesterday, you did sell him cocaine, the lawyer may not tell anyone. If you tell the lawyer that when the police questioned you, you lied to them, the lawyer may not tell anyone.
In short, if you tell the lawyer about things that happened in the past, even things that happened earlier that same day, the lawyer may not tell anyone without your permission.
Are Things I tell other People Private?
In general, no. There are some protections granted to spouses (husband-wives), and protections afforded to doctors-patients, and priest/minister-worshipper. But these are much less protective of your rights than the confidentiality between you and a lawyer, even a lawyer you do not hire.
In addition, anything you tell anyone else – friends, family, strangers, police, witnesses, victims – can be (and will be!) used against you. It’s important not to tell them anything you wouldn’t want to hear again in a court of law.
For instance, in North Carolina a priest, minister, or member of the clergy is a “mandated reporter” in child abuse cases. If the child or another person reveals abuse, including physical or sexual abuse, to a member of the clergy, that priest or minister must report to state authorities. On the other hand, a lawyer may not be forced to divulge this information.
Similarly, in North Carolina a medical doctor or a psychologist or a psychiatrist is a “mandated reporter” in child abuse cases. They also must report abuse or allegations of abuse revealed to Child Protective Services or the police. That means that, in many cases, charges will be forthcoming. On the other hand, a lawyer may not be forced to divulge this information.
While North Carolina does recognize a marriage privilege between spouses, it’s not as strong as you might think. For instance, the state may compel a wife to testify against her husband in cases where the wife is the victim of the husband’s crime.
More about a Lawyer’s Privacy Obligations
For more about these rules, read the official rules from the North Carolina State Bar, which is the agency that regulates lawyers, and publishes North Carolina’s Rules of Professional Conduct.
