Attorney-client privilege is more or less absolute and covers all aspects of any communication whatsoever between client and attorney. With
very few exceptions, anything that is disclosed to an attorney once the relationship of attorney/client is established may not be disclosed to any third party.
It differs from the notion of "confidentiality" which is broader. Essentially, though, an attorney is obliged to protect any and all information provided to him or her in connection with his or her client's case. The only exceptions (and these vary among jurisdictions, though not much) are when the client confides in the attorney that the client is contemplating harm or fraud to others, or the attorney has a reasonable belief that the client is using the attorney's services to commit or perpetuate fraud.
In my (layperson's) opinion this is not just a potential breach of the attorney-client privilege, it is an offense for which the attorney could potentially be disbarred.
If I were you, I would ask for another attorney. The conduct is clearly inappropriate and additionally, appears to constitute a possible conflict of interest. Links below to Secs. 1.6 and 1.7 of the New York State Code of Professional Responsibility are below. Here is a relevant quote from an ethics opinion:
Rule of Confidentiality In General: NYSBA Comm. on Prof. Ethics, Op. No. 528, 1981 WL 27589 (February 17, 1981): "The basic rule of confidentiality is that the lawyer should keep everything secret that he learns from or about a 'client', except when its disclosure helps his client," citing Geoffrey Hazard, Ethics in the Practice of Law 21 (1978).
Section 1.6
The conflict of interest issue is more nebulous to me. You may find what you need by following the links contained within here (narrative has not been written by the great folks at Cornell who put this together), particularly Sections 1:7:200 and 1:7:500:
Section 1.7
At this point, I would advise you to find alternative representation. There are many attorneys in your area who can provide you with an initial consultation free of charge. In the interim, it is important that you document WHO you believe any information was disseminated to, on what date, and the information you believe was disseminated.
Kalash, the public records exception does NOT apply to an attorney who is currently representing a client. The attorney is not permitted to talk about the case to third parties, period, and this does not appear to fall under any sort of exception.
My advice: get a different lawyer and pursue action with the State Bar as you feel necessary. Good luck; an attorney has a sacred duty to protect any and all information about a case. If you have not threatened to commit further criminal acts, your attorney's conduct is probably in violation of Bar rules... and this is egregious enough that there is a possibility that evidence or even the case itself could get tossed out. Do keep us posted. I haven't seen a breach like this in 8 years working for attorneys, though I do not work in criminal law.
