Personal injury lawyers frequently advertise free and confidential consultations to potential clients. Many people are leery about the idea of sharing private details about their life and situation with a stranger. However, the attorney-client privilege is in place to legally protect you regarding anything you share with your advocate. Attorney-client privilege ensures that any confidential and sensitive information shared with your lawyer – even from your first consultation – is protected from information requests from insurance agencies or agents of the court. Attorney-client privilege provides significant peace of mind during your personal injury claim and lawsuit.
How Attorney-Client Privilege Benefits You
Attorney-client privilege is a distinct rule that protects the personal and pertinent information provided to an attorney from being shared with any unauthorized party. Typically, specific eligibility requirements should be met before this privilege is activated:
- The information was communicated between an attorney and a client (or potential client)
- The information was communicated while benefitting from an attorney’s legal advice given in a professional capacity
- The client held a reasonable expectation that what they shared with their attorney would remain confidential
Overall, these guidelines outline an appropriate communication procedure for a client receiving legal advice. In other words, any information shared with an attorney you met at your class reunion wouldn’t be considered privileged. Conversely, when a client visits an attorney’s office and speaks to them regarding a case, the expectation is that the information will be kept confidential.
There are some circumstances in which the privilege may be voided. For instance, attorneys are obligated to report any information that indicates that their client intends to commit a crime in the future. Clients also may not be eligible for the attorney-client privilege if the specific information was transmitted online improperly, shared on social media platforms, or sent via work or public emails.
Confidential phone calls, hard copy correspondence, or online communications also qualify for attorney-client privilege if the contents have been specifically protected from third parties.
You may wonder if telling your attorney the entire truth is risky – after all, it seems as if one mistake could void your guarantee of privacy. However, your attorney is there to advocate for you and fight on your behalf, and any information you have that can support your case should immediately be communicated to your attorney. All information, positive or negative, is necessary to determine how to move forward with your claim. Insurance companies work hard to minimize the amount of money they pay out, and opposing legal teams will also be working to block your compensation. Providing your attorney with all the evidence can help your lawyer to compose the best possible arguments for your case. If you have any doubts whatsoever when sharing information, you can clarify and confirm that it will be held in confidence.
Your attorney will also function as the intermediary between you and any adversary (insurance company, legal team) once they are hired. In this capacity, they must gain access to your personal information in order to adequately answer any questions as well as protect confidential information from the defendants. If communicated through the appropriate channels, everything you share will fall under attorney-client privilege, meaning that even if the proceeding drags on for an extended period of time, disclosing sensitive details is only necessary once – at the beginning of the process.
Sharing personal or embarrassing facts and information might not be pleasant, but it permits your attorney to develop a strategy to receive the best possible financial compensation for your personal injury case. If you have additional questions or concerns, the experienced personal injury attorneys at Probinsky & Cole are here to help.
Probinsky & Cole has offices in the Sarasota, Tampa, and Orlando areas.
