The short answer
What Illinois families should know.
Your lawyer’s duty of confidentiality is broad, but it is not identical to the attorney-client privilege used in evidence disputes. Illinois Rule of Professional Conduct 1.6 generally protects information relating to representation, subject to specified permissions and exceptions. Candid communication helps counsel identify risks before they become problems.
Give counsel the complete facts
Tell your lawyer about unfavorable documents, prior statements, financial mistakes, and communications that may be raised by the other side. A lawyer cannot prepare effectively from only the facts that support your preferred outcome. Ask how sensitive information will be stored and who on the legal team may need access. The confidentiality duty covers information from sources beyond private conversations, but necessary disclosures can be part of handling the case.
Understand the distinction from privilege
Privilege concerns whether certain communications can be compelled or used in a legal proceeding. Professional confidentiality governs the lawyer’s handling of information more generally. Forwarding a legal email, adding a friend to a consultation, or discussing advice publicly can create separate privilege issues. Ask counsel before including another person. The answer can depend on that person’s role and the purpose of the communication, so a confidentiality label alone is not a complete solution.
The rule contains exceptions
Rule 1.6 allows or requires disclosure in specified circumstances, including certain crime or fraud situations, compliance with law or a court order, and prevention of reasonably certain death or substantial bodily harm. These provisions do not mean routine mistakes are automatically reported. They do mean a lawyer cannot promise absolute secrecy in every imaginable circumstance. If you are concerned, ask the lawyer to explain the applicable limits before making assumptions about them.
Use a secure communication arrangement
Choose an email account and device that the other spouse cannot access lawfully or through shared credentials. Tell counsel if mail, voicemail, or notifications create a safety or privacy concern. Preserve existing relevant records rather than deleting them when changing access. Do not send legal advice to the other spouse to prove a point. A simple, agreed communication method can protect both confidentiality and the reliability of the information your lawyer receives.
Prepare
Useful next steps
- Explain access or safety concerns at the outset.
- Bring difficult facts to counsel promptly.
- Ask before including third parties in legal communications.
Avoid
Common missteps
- Forwarding legal advice casually.
- Assuming the word confidential guarantees evidentiary privilege.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.