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KidsKnowRights

What a lawyer can and can't tell your parents

Attorney-client confidentiality applies to minors too, but it works differently depending on who is paying, who is present, and what kind of matter it is.

By Ian Massaro

Founder of KidsKnowRights6 min read

Awaiting professional legal review

Topics:attorney-client privilegelegal helpconfidentiality

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.

One of the most common questions a young person has before ever talking to a lawyer is simple: will they tell my parents? The honest answer is that it depends — on the type of case, on who hired the lawyer, on your state, and on a specific ethics rule that governs how a lawyer handles a client whose decision-making may be affected by age. Understanding the actual mechanics helps you ask the right question upfront, rather than guessing.

The baseline rule: confidentiality belongs to the client

Attorney-client privilege generally protects confidential communications made to a lawyer for the purpose of getting legal advice, and it belongs to the client, not to whoever is paying the bill. In principle, that means a minor who is the client has the same basic confidentiality relationship with their lawyer as an adult would. In practice, being a minor changes the details of how that plays out, which is where things get more complicated than the basic rule suggests.

The rule written specifically for this situation

The American Bar Association's Model Rule 1.14, governing clients with decision-making limitations, specifically addresses representing minors, recognizing that a young client often can understand, weigh, and decide on matters affecting their own case, even while a lawyer navigates the practical reality that a parent or guardian is frequently involved in some way. This rule generally directs a lawyer, as far as reasonably possible, to maintain an ordinary, direct relationship with the client — meaning you — rather than treating a parent as the real client by default.

States adopt their own version of this rule, sometimes with differences, so the specific answer can vary, but the underlying principle — that a young client's own voice and confidentiality matter, not just a parent's — is broadly shared.

Who is paying changes the practical picture

If a parent hires and pays a lawyer specifically to represent you, the lawyer's client is still you, not the parent, but the practical reality of that arrangement — the parent scheduling meetings, being in the room, or expecting updates — can blur the confidentiality picture even when the formal rule is clear. A lawyer appointed for you directly, such as in juvenile court, generally has an even clearer, more independent duty to you specifically.

This is exactly why asking the question directly, at the very first meeting, matters more than assuming: 'is what I tell you confidential from my parents, and are there any exceptions to that?'

The safety exception applies to everyone

Important

Like any client, a minor's confidentiality has limits: a lawyer generally can, and in some situations must, act to prevent serious harm, including situations involving abuse of a minor, which most jurisdictions require certain professionals to report regardless of who the client is. This is not unique to representing minors — it is the same safety exception that limits confidentiality for any client, adult or otherwise.

Asking about confidentiality upfront is not a sign of distrust; it is the normal, expected first question, and a lawyer who takes the question seriously and answers it clearly, rather than brushing it off, is generally a good sign about how the rest of the relationship will go.

Remember this

  • Attorney-client confidentiality belongs to the client, and a minor client generally has that same basic protection.
  • ABA Model Rule 1.14 directs lawyers to maintain a direct relationship with a young client as far as reasonably possible.
  • Who is paying for the lawyer can affect the practical dynamic, even when the formal client relationship is with you.
  • Confidentiality has a safety exception, like it does for any client — ask directly at the first meeting what it covers.

Sources

This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.