Attorney-client privilege is fundamental to all types of legal cases, including your Florida personal injury case. This privilege ensures that the sensitive information you share with your attorney remains confidential, fostering an environment where you can speak freely and honestly about the details of your case. But just because this is the law doesn’t mean all your concerns magically disappear. If you are worried about disclosing personal information during the course of your personal injury case, we hope to put your mind at ease in this blog.
All personal injury cases start with a consultation with an attorney. During a consultation, you can trust that your disclosures about the incident, your injuries, and the impact on your life won’t be shared without your consent. Privileged communication allows your attorney to develop a robust case strategy based on complete information, giving you the best chance at securing compensation. It also prevents the opposition from accessing your private conversations by petitioning the court for disclosures, which could be used against you in court.
The strength of your case often hinges on open communication with your legal counsel, and attorney-client privilege is the cornerstone that supports this vital exchange. When you go into a consultation, you should never fear that information related to your case will leak out to the public.
Exceptions to Attorney-Client Privilege
While attorney-client privilege is a foundational part of the legal practice, particularly in personal injury cases, it’s crucial to understand that there are exceptions to this rule. For example, a client seeking advice to assist with the future commission of a crime or fraud does not have the protection of attorney-client privilege. Additionally, clients themselves can waive this privilege. Clients may also inadvertently waive this privilege if they accuse their attorney of working in bad faith or mishandling their case, as the attorney can use communications to defend their actions.
Despite these exceptions, it is not overly common for these exceptions to occur through the course of a run-of-the-mill personal injury case. As long as you are truthful, maintain clear communication with your attorney, and handle any disagreements in a safe and respectful manner, there is almost no chance that your privileged communications will become public knowledge.
Maintaining Confidentiality
Clients play an important part in maintaining confidentiality, even though most people tend to focus on their attorney’s potential role. Humans like to talk, so people often overshare details about their lives and personal injury cases to others. Opposing parties can use any and all public statements or social media posts against you, so attorneys generally advise that you completely avoid posting anything online related to your health, injuries, lawsuit, or current legal representation.
In addition, you never know what others might do with your information. Discussing your case with friends or family doesn’t prevent them from repeating this information in insecure forums, and you can’t claw back confidentiality if the information is continuously leaking out from acquaintances. If you inadvertently disclose privileged information, it could become subject to scrutiny. Always consult with your attorney if you’re unsure about the confidentiality of certain information.
Building Trust and Collaboration with Your Legal Counsel
We know that no matter what we say, it can be difficult to fully come to terms with the fact that you have to divulge private or embarrassing information with an attorney. However, think of it this way – if an attorney is incentivized to win your case to get paid, why would they ever leak out information that could ruin their chance at successfully securing compensation?
Experienced personal injury attorneys have worked with hundreds of clients, and if an attorney were routinely breaking attorney-client privilege, you would know. Their reputation would not last long if clients kept accusing them of this behavior.
At Probinsky and Cole, we are proud of our reputation and will put your mind at ease when you sit down for a free consultation. Contact us today to schedule a consultation and meet our team.
