Attorney-Client Privilege

Understanding Attorney-Client Privilege and How It Applies to Personal Injury Claims

You may have heard the term “attorney-client privilege” in TV shows or movies, but it’s important to understand what it really means and how it functions in your personal injury case. We’ll provide a straightforward explanation of attorney-client privilege and how it applies when you file a personal injury claim.

Attorney-client privilege was designed to encourage open communication between a lawyer and their client. When someone knows their conversations are protected from being shared with others, they are more likely to be honest and forthcoming. It also allows both the attorney and client to discuss the strategy of a case in confidence.

Is All Communication Between You and Your Lawyer Protected?

In most cases, yes—all communication you have with your lawyer is confidential. Whether it’s a phone conversation, text message, or email, your discussions are protected under attorney-client privilege. While there are a few exceptions, the principle remains the same: your communications with your lawyer are typically confidential.

However, if you’re ever in doubt, it’s a good idea to speak directly with your lawyer before sending anything in writing.

Attorney-Client Privilege Only Applies When There Is an Attorney-Client Relationship

Attorney-client privilege only applies if there is an actual attorney-client relationship. For example, if you don’t have a formal agreement with an attorney, your communication may not be protected under this privilege.

While the privilege generally applies to clients with formal agreements, it can also extend to potential clients who are discussing the possibility of hiring the lawyer.

It’s also important to note that attorney-client privilege does not apply if you share confidential information with a friend or family member who happens to be a lawyer. Simply telling a lawyer something does not make the information confidential unless you are their client.

The Benefits of Attorney-Client Privilege

Attorney-client privilege offers several advantages, including:

• Confidentiality: You can freely discuss sensitive matters, knowing your information is protected.
• Full Disclosure: You can be honest with your lawyer about anything that might impact your case.
• Strategic Preparation: For example, if you have a pre-existing medical condition and file a personal injury claim, sharing that with your lawyer can help your case. Even though the insurance company might use this against you, your lawyer can use this information to prepare your defense, without revealing any details to the other side.

When Does Attorney-Client Privilege Not Apply?

While attorney-client privilege offers strong protections, there are certain circumstances where it might not apply:

• Involvement of a Third Party: If a third party is present during your communication with your lawyer, you may inadvertently waive your privilege. For example, if you bring a family member to a meeting with your attorney, the privilege may no longer apply to that conversation. The same goes for including others in email correspondence. This rule applies even if the third party is a witness in your case.
• Waiving the Privilege: You can waive the privilege by sharing the details of your conversation with someone else. If you disclose the conversation to others, the information may no longer be protected.
• Defending Yourself Against a Malpractice Claim: If you file a malpractice lawsuit against your attorney, the attorney may be allowed to use privileged communications to defend themselves.
• Imminent Danger: Lawyers have an ethical duty to report any information that suggests imminent danger of harm. If you threaten harm to someone else and your attorney believes you will act on it, they are required to report it to the authorities.

Additionally, if you haven’t yet formally hired a lawyer, communications with that attorney won’t be protected by attorney-client privilege, even if you share personal or sensitive details.

Using Attorney-Client Privilege to Your Advantage

At Bert McDowell Injury Law, we can help you use attorney-client privilege to your advantage when filing a personal injury claim, whether it’s a car accident, slip and fall, or other legal matters. We’ll ensure that your confidential information stays protected and that you can freely discuss your case strategy without fear of exposure.

Contact Bert McDowell Injury Law for a FREE Consultation

To learn more about how attorney-client privilege can work in your case, get in touch with us for a FREE consultation. Call (475) 231-3274 or fill out the form to the right to get started.