Could a minor's attorney disclose information to his/her parent?

Question

Specifically a 16 year old's attorney in Virginia. If a 16 year old was arrested and talked to his lawyer, can he tell the minor's parents about the case? Can the minor request that information not be disclosed to the parents? Does your answer apply in all states? Thanks!

Answer 1

Yes & No.



In this case, no: http://www.mobar.org/formal/ch02.htm

In this case, yes: http://www.ncbar.com/ethics/ethics.asp?id=279

(It states..."Opinion rules that a lawyer representing a minor ...may only disclose confidential information to the minor's parent, ...if the parent is the legal guardian of the minor and the disclosure of the information is necessary to make a binding legal decision about the subject matter of the representation.")



But for a full list of cases that will side "yes or no," in various circumstances, see "When parents want to know: responding to parental demands for confidential information" at http://www.thefreelibrary.com/When+parents+want+to+know%3a+responding+to+parental+demands+for+...-a096194766

There are a whole lot of exceptions to this "confidentiality privilege." In short, it's best if a minor assumes that info will reach the parents. It's not often that it does, but since it happens, one should be prepared for that event.

See [http://www.ncbar.com/rules/rules.asp?page=9] that shows everyone is subject to losing confidentiality based on these 7 points.

Answer 2

No. Attorney/Client privilege is absolute, even if the client isn't the one actually paying the bill for the attorney.



As long as its information that was given by the client to the lawyer in a room without the parents, then it cannot be given to the parents, otherwise the lawyer is in serious professional trouble.



This is a clear cut and established rule, not sure why so many correct answers are getting so many thumbs down.

Answer 3

It's a difficult situation.



Technically a minor cannot enter into a contract. You didn't sign the retainer agreement with the attorney, your parents did. And the relationship between attorneys and clients is contractual so this adds an element of complication.



When a third party is footing the bills, this adds a second layer of complication.



You can and should discuss how your attorney intends to deal with attorney/client privilege with regard to your case but until you do, I wouldn't recommend that you assume that anything you say to your attorney would be protected from your parents.



In this situation, I would tell you that I would TRY to keep the information you told me from your parents but I wouldn't make any guarantees - because your parents are the "true" clients.

Answer 4

No. Rules of Prof'l Ethics are clear on this one. Even if the parents are footing the bill, the minor is the CLIENT. NOT the parents. An attorney can only breach the attorney-client relationship in limited situations. Parents of a minor are not the attorney's clients.

Answer 5

No they shouldn't. there are specific rules for criminal experts that limit them from disclosing any concepts absent their purchasers consent until it relatively is to stay away from destiny crimes or injury. the reason of it is to foster open and frank communications between criminal experts and purchasers which will in turn enable greater concepts to pass.

Answer 6

No the attorney can not discuss this with the parents. He is bound by attorney client privilege to protect your privacy.

Answer 7

If you are a minor you records are sealed. If you know the attorney well, then maybe he wont tell your parents. As long as he doesnt get in trouble. Make sure you pay him and keep him or her happy. Good luck.

Answer 8

As long as the parents are legally responsible they should have the right

Answer 9

The HIPAA Privacy Rule establishes a foundation of Federally-protected rights which permit individuals to control certain uses and disclosures of their protected health information. Along with these rights, the Privacy Rule provides individuals with the ability to access and amend this information, and the right to an accounting of certain disclosures. The Department recognizes that there may be times when individuals are legally or otherwise incapable of exercising their rights, or simply choose to designate another to act on their behalf with respect to these rights. Under the Rule, a person authorized (under State or other applicable law, e.g., tribal or military law) to act on behalf of the individual in making health care related decisions is the individual’s “personal representative.” Section 164.502(g) provides when, and to what extent, the personal representative must be treated as the individual for purposes of the Rule. In addition to these formal designations of a personal representative, the Rule at 45 CFR 164.510(b) addresses situations in which persons are involved in the individual’s health care but are not expressly authorized to act on the individual’s behalf.

Answer 10

No.



Attorney/Client Privilege



They can't tell anyone anything you say.