Attorney-client privilege gives lawyers and their clients important protections as they discuss cases. No entity, including law enforcement officials, can force either party to disclose the items they discuss. This protection is vital for clients to trust attorneys to protect their interests. Attorneys need to know they can defend their clients without worrying about legal ramifications.
Although many people associate lawyer-client privilege with cases where the client faces accusations of committing a crime, it protects all kinds of discussions. If a client and personal injury lawyer discuss injuries or the circumstances that led to the accident, the attorney is under no obligation to share this information with a third party.
Business attorneys and clients also receive protection when sharing trade secrets or planning legal moves for the business.
When Does Attorney-Client Privilege Begin?
An attorney-client relationship must be in place before the protections occur. The protection is not available if an official relationship between the two parties doesn’t exist.
Simply discussing a situation with an attorney after bumping into them at a restaurant does not constitute attorney-client privilege. The two parties must have an official relationship, which requires they agree that representation is occurring. To cement the relationship and the representation, the parties can do the following:
- Create an official engagement letter
- Agree on a fee structure
- Sign a contract
- Agree to the representation verbally
- Agree to have the attorney represent the client in court, in legal filings, or when creating documents
As a client, it’s important to have an idea about whether attorney-client privilege is in place before disclosing sensitive information. Some clients may want to ask whether attorney-client privilege is occurring before having any discussion. Another option is to avoid disclosing sensitive information during preliminary discussions with the attorney until the protection is in place.
It never hurts to directly verify whether attorney-client privilege is in place before disclosing any information to an attorney. Failing to verify this could make anything you say vulnerable to third-party queries and subsequently compromise your case.
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How Attorney-Client Privilege Works in Injury Claims
Lawyers-client privilege occurs once a client and a personal injury attorney establish a relationship. Ensuring that a relationship exists for a personal injury claim includes the following scenarios:
- The client seeks out a personal injury lawyer to discuss the legal claim.
- The client begins disclosing information to the attorney.
- The lawyer is meeting with the client in an official, professional capacity.
- The two parties sign a retainer agreement.
The two parties should be meeting with each other in a location where the conversation is secure. Even if attorney-client privilege is in place, if someone outside of this relationship hears the discussion, they are not obligated to follow the same level of protection.
Why This Protection Is Important in an Injury Lawsuit
When going through a personal injury case, attorney-client privilege is extremely important. A client must feel confident discussing matters like contributory fault and past injuries that may fit the definition of pre-existing conditions. Such information could harm the client’s chances of seeking a personal injury claim, even if the information does not affect the severity of the client’s injuries.
- Pre-existing condition: If the client has a past back injury that healed several years ago, a new back injury from the accident may have no relationship to the past injury. However, an insurance company that learns about the old injury may try to reduce the client’s claim on the new injury anyway.
- Contributory negligence: When attempting to maximize a personal injury claim, the client must have no fault in causing the accident. Perhaps the client believes a witness could accuse the client of speeding before the crash, even if the client doesn’t think any speeding occurred. The client should notify the personal injury attorney of this possibility, taking advantage of attorney-client privilege.
The attorney needs to know about these situations as soon as possible, allowing for an estimation of how they may affect the case. This gives the lawyer time to prepare for any such issues. Because of attorney-client privilege, the attorney does not have to disclose knowledge of these items to the defendant.
For example, the personal injury attorney can be ready if the defendant or the insurance company finds out about pre-existing conditions. However, the lawyer can only take preparatory steps when the client discloses the past injury.
When To Consider Waiving Personal Injury Attorney-Client Privilege
Even though conversations between a client and a personal injury lawyer receive protection, certain situations may exist where waiving this protection would be helpful to the injury claim.
If a client’s injuries are causing embarrassing physical limitations, the client may not want the information to be part of the court case. However, agreeing to waive the protected conversation would allow the personal injury attorney to disclose these hardships in negotiations with the insurer or in court. Such information, even if embarrassing, could help the client’s chances of winning a financial award.
A competent attorney will thoroughly discuss the benefits of waiving the attorney-client privilege and ensure that the client feels comfortable with this decision before proceeding. They will only waive this agreement if doing so would benefit the case.
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Let Accident Hotline Provide Important Legal Advice
Although you, as a client, may have some reservations about discussing certain legal items with your personal injury attorney, attorney-client privilege provides protection. No one can force the client or accident attorney to disclose what they discuss in their private conversations. This protection allows attorneys and clients to be completely honest with each other in their private discussions without fear of retribution.
If you have questions about how attorney-client privilege could affect your personal injury lawsuit, the team at Accident Hotline can help. The team guides victims on what steps to take after an injury accident. The team then quickly connects you with a personal injury lawyer with important experience in cases like yours. To learn more about what Accident Hotline offers, call today at (844) 343-9609 for a free consultation.
For a free consultation, call 844-343-9609