PRIVACY STATEMENT

The Law Offices of E.C. Sears, Pllc.

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY.

The Law Offices of E.C. Sears, Pllc., knows that you care how information about you is used and shared. Therefore we make a strong commitment to protect and respect the privacy principles regarding any information provided by clients and information about a client's case.

Pursuant to the Arizona Bar Ethics Opinion 07-01:

IN SUMMARY, AND BASED UPON THIS OPINION:

As an attorney, I have an ethical duty to maintain a strict client attorney relationship that is confidential with the client only, so phone calls and office visits from friends or family members attempting to obtain information about your case will not be allowed unless there is informed consent by the client.  However, even when the client tells us to communicate certain information to family and friends, we are not necessarily obligated to comply with the request and may not based upon the particular circumstances.

ER 1.2 provides that a lawyer shall abide by the client’s decisions concerning the objectives of the representation.  It is the lawyer, however, who determines the means by which these objectives shall be accomplished.  Thus, if a lawyer believes that a client’s request to the lawyer to communicate information to others does not further the client’s objective, the communication need not be made.  Clearly, if the communication would harm the client, the lawyer should not comply with the request.

A lawyer has a duty to communicate with his/her client and to promptly respond to requests for information.  That duty, however, does not automatically extend to a client’s family members or friends. 

In some circumstances, such communication may be required to competently represent the client, and the lawyer should balance the benefits to be gained by the communication against any detriments.  With the client’s consent, a lawyer may communicate this information to the client’s family or friends.  A lawyer also may communicate information to a client’s family and friends if the lawyer determines that he/she is impliedly authorized to release this information in order to carry out the representation.

CONCLUSION

A lawyer has a duty to communicate with his/her client and to promptly respond to requests for information.  That duty, however, does not automatically extend to a client’s family members or friends.  In some circumstances, such communication may be required to competently represent the client, and the lawyer should balance the benefits to be gained by the communication against any detriments.  With the client’s consent, a lawyer may communicate this information to the client’s family or friends.  A lawyer also may communicate information to a client’s family and friends if the lawyer determines that he/she is impliedly authorized to release this information in order to carry out the representation.

Disclaimer: There is no attorney / client relationship created by accessing this website or by communication with this firm by email.  This website is intended for information purposes only and is not intended to offer legal advice.  Every case is highly fact specific.  The outcome of a case will vary depending on the unique facts and legal issues involved.  Please do not make legal decisions without first having a direct one on one consultation with an Arizona Attorney or an Attorney in your area that knows the relevant facts of your case.

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