Understanding Attorney-Client Privilege In A Personal Injury Case

When hiring a personal injury attorney, people often have questions about the legal process. For example, people often wonder if what they say to an attorney remains confidential. Below, we look at attorney-client privilege in personal injury cases.

What Is Attorney-client Privilege in a Personal Injury Claim?  

Attorney-client privilege is a rule that allows a personal injury victim to communicate with their attorney freely, without having to worry about the contents of their communication being disclosed to third parties. If an attorney break’s a client’s or potential client’s confidentiality, they risk facing serious consequences. For instance, an attorney may be disbarred if they break a client’s or potential client’s confidentiality.

When Does Attorney-client Privilege Start?

You may wonder if a free consultation for a personal injury case counts as privileged. Well, you should know that you don’t have to have hired a personal injury attorney for attorney-client privilege to apply. The following are the requirements for attorney-client privilege to apply;

• The purpose of meeting with the attorney was to obtain legal advice
• The individual expected that the information shared would remain confidential
• The attorney agreed to meet with the individual as a legal professional
• The attorney did not say that the information the client or potential client shared is not protected

Therefore, if you disclose information to a personal injury attorney during a free initial consultation, a court would likely rule that the information you shared during the meeting fell under attorney-client privilege.

How Do Personal Injury Victims Benefit From Attorney-client Privilege?

One of the biggest benefits of attorney-client privilege is that you can be completely honest with your attorney, thus ensuring your attorney has a complete picture of your case. When your attorney understands all the circumstances surrounding your case, they can develop a strong case for you. For example, if your attorney knows you were partially at fault for your accident, they can plan how to limit any damage to your claim.

What Types of Communication Are Covered by Attorney-client Privilege?

Some people assume that the attorney-client privilege only covers face-to-face communications. This is not true. The attorney-client privilege covers all sorts of communication. For instance, the attorney-client privilege covers confidential letters from you that are addressed and sent solely to your personal injury attorney. The attorney-client privilege also covers emails, phone calls, and text messages.

When Does Attorney-client Privilege Not Apply?

You should know that attorney-client privilege does not apply all the time. The following are some situations where the attorney-client privilege might not apply;

• A client or potential client reveals that they plan to commit a crime when seeking legal guidance.
• A client or potential client posts information on social media.
• A client or potential client copies friends or family members on a private email to their attorney.
• A client or potential client shares private information with their attorney when in a public place.

Contact Us for Legal Help

Our Tampa personal injury attorneys at The Pendas Law Firm are ready to help you with your injury claim. We have experience assisting clients to recover the compensation they deserve for their injuries and damages. Contact us today to schedule a free consultation.

The Pendas Law Firm also represents clients in the Orlando, Miami, Ocala, Jacksonville, Bradenton, Daytona Beach, Fort Myers, Fort Lauderdale, and West Palm Beach areas.

Source:

law.cornell.edu/wex/attorney-client_privilege