People often hear that an initial personal injury consultation is “free and confidential.” We all understand free – but what are the legal implications in an injury case regarding confidentiality?
By definition, the attorney-client privilege is a rule of evidence that prevents personal injury attorneys from disclosing what a client says – either during a consultation or throughout the course of the case.
This specific rule applies if the communication in question fits four criteria:
- The communication took place between the client and their attorney
- The attorney was acting in a professional capacity
- The purpose of the communication was legal advice
- The client has an expectation that the conversation was confidential
How Attorney-Client Privilege works
Generally speaking, attorneys are prohibited from disclosing and information covered by the attorney-client privilege. The court cannot force the attorney to reveal anything spoken in confidence. The client does have the right to waive that privilege. Although most communications fall under this protection, there
are some exceptions that may void the privilege.
- If the client tells their lawyer about crimes they plan to commit, the privilege does not apply.
- If the client has posted the information on social media, the privilege does not apply. (Read more about social media usage when in a legal proceeding.)
- If the client has sent emails to their attorney from a work email, which are typically monitored.
Communications covered under the attorney-client privilege include in-person communication, phone calls, electronic communications, and letters. Protected communications must be conducted discreetly. The attorney-client privilege does not cover talking in a coffee shop as bystanders can easily overhear the conversation.
How This Privilege Helps You
If you are wondering if your situation merits a legal proceeding, you can discuss it with an attorney with peace of mind – it is covered. There are many types of information that your attorney should be aware of but may hurt your case if the conversation became known – especially to the insurance companies. Pre-existing conditions – or any other sensitive information that may devalue your final compensation claim – may ultimately be disclosed. Still, your attorney can be prepared and present it in the best light. Your lawyer is working to protect your best interests – the insurance company is not. They could use any details you share against you, so be sure to speak with an attorney first. The insurance company is trying to pay out the minimum amount of compensation for your damages, and they are quite good at using trivial details against you. Once you hire an attorney, you no longer have to speak with the insurance company – your attorney will act on your behalf.
Attorney-client privilege is especially vital during the discovery phase of a personal injury case. This privilege encourages injury victims to feel comfortable sharing critical details with their attorneys. Remember, it is critical to be upfront and honest with your attorney about relevant information. Your candid disclosure provides your attorney a better chance of providing the very best representation. If you withhold relevant information and it comes out later, your attorney may have a more challenging time promoting your case.
Ready to Get Started?
The attorneys at Probinsky & Cole have deep experience in personal injury law and are committed to providing professional legal representation for each personal injury client. If you have been the victim of someone else’s negligence, your first step is a conversation with one of our attorneys. If you are nervous, ask us about attorney-client privilege, and we will be happy to explain it further.
