I'm not an attorney, if a pro-se litigant tells me something about his case is it protected under attorney-client privilege?

Asked over 1 year ago - Houston, TX

This litigant is going through a divorce.

Attorney answers (6)

  1. L. Maxwell Taylor

    Contributor Level 20

    9

    Lawyers agree

    Answered . Attorney-client privilge applies to confidential communications made to attorneys for the purpose of obtaining legal advice. A communication made to someone other than an attorney will not be protected by the privilege, under general principles of law.

    Not legal advice as I do not practice law in Texas. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Texas licensure, not me.

  2. William Tyler Moore Jr

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . No. The privilege is based on the lawyer-client relationship. Without the relationship, there is no privilege.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more
  3. Konstantin Parkhomenko

    Contributor Level 10

    3

    Lawyers agree

    Answered . No, it is not. Other types of privilege may be applicable to this case, but there aren't many out there -- the key question would be the nature of your legal relationship with the pro-se litigant.

    My answers to the questions are for general informational purposes only and do not establish an attorney-client... more
  4. Rixon Charles Rafter III

    Contributor Level 20

    4

    Lawyers agree

    Answered . No. The privilege exists to protect that litigant; he/she may reveal it to anyone, anytime.

    An attorney is prohibited from revealing protected information exchanged with a client.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  5. Forrest Nolan Welmaker Jr.

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . Not unless you work for a lawyer in furtherance of the lawyer's business. If it is a spouse, it may be protected.

    The information contained herein is not to be construed as legal advice. The questioner should seek independant... more
  6. Brent Barnes Ivy

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Probably not--unless you work for the law firm that has an attorney-client relationship with the pro-se litigant. Outside the attorney-client privilege, there are very limited instances in which a communication with someone who is not (or does not work for) your attorney will be protected by privilege (e.g., spousal privilege). Even sharing information with your friends or family (other than your spouse) that relates to a legal matter is not advisable because this information could be discovered in the event a lawsuit is filed.

    This answer does not create an attorney-client relationship for purposes of representation, privileged... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Pro Se Divorce: Doing it Yourself

“Pro se” means to act as one’s own lawyer. While there are rare cases where it may be cheaper, a pro se divorce is usually not recommended.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,217 answers this week

3,114 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,217 answers this week

3,114 attorneys answering