What is “Attorney-Client Privilege” and Will It Affect My Case?

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Attorney Client Priviledge

What is “Attorney-Client Privilege” and Will It Affect My Case?

With very few exceptions, a judge cannot compel you to reveal confidential material. The information cannot therefore be used against you in court. Although it is frequently employed in criminal cases, attorney-client confidentiality is equally significant in matters involving personal injuries.

It is understood that any communication between a client and their attorney is protected and is called the attorney-client privilege. As a result, such statements can never be countered by an order of production or a deposition of the other party. When you create an attorney-client relationship, attorney-client privilege usually comes into play.

An attorney-client relationship must meet four fundamental characteristics in order for privilege to apply:

  • A lawyer and their client or prospective client shared information;
  • The person had a reasonable expectation that any information they shared with the lawyer during their meeting would be kept private and confidential;
  • the lawyer acted in their professional capacity as an attorney during the meeting; and,
  • the person’s intention in providing the lawyer with the information was to obtain legal advice.

These expectations of privacy must be clear during a meeting with the lawyer for such information to be privileged. On the other hand, the expectation of privacy may not be applicable, for example, where there are other people around or where the conversation is out in the open.

When Does the Privilege of Attorney-Client Not Apply?

Every kind of privilege has exceptions. The following are examples of attorney-client privilege exceptions:

  • The lawyer is asked by a client for information and/or guidance on how to commit fraud or a crime.
  • There is reasonable suspicion that the conversations and correspondence between a detainee and their lawyer are being utilised to support terrorism.
  • When a client passes away, their heirs sue the estate in probate court.
  • When a lawyer represents more than one client on the same case, disagreements between the clients can surface.

The above list can be seen only as a partial list. A contempt of court that orders the client to break attorney-client privilege may be permissible if the situation warrants it However, these situations are rare and usually include information that was not kept secret and confidential within the client and the lawyer nexus.

If I am involved in a law of negligence claim, should I waive the attorney client privilege?

Instead of the party’s own information, post- claim jurors are permitted to ask for privileged information which may encourage the other party to seek disclosure of such documents during discovery. In regard then, your lawyer cannot be forced by law to disclose the information. There are however periods that one may be tempted to waive such privilege in a case of personal injury. The details you and your attorney discussed may have a big influence on whether you can prove who is responsible for your damages or how much your personal injury claim is worth. Before sharing sensitive material with you, your lawyer will go over these issues with you.

Should I Share Every Detail of My Case with My Personal Injury Lawyer?

Absolutely. For your lawyer to effectively help you secure fair compensation for both your economic and non-economic damages, they need to have a complete understanding of your case. Issues like contributory fault and pre-existing conditions can complicate a personal injury lawsuit. It’s essential to inform your attorney as soon as possible if either of these factors is relevant to your situation, so they can take the necessary steps to protect your interests.

The attorney-client privilege is designed to protect your rights.

Following your lawyer’s advice and being transparent with them are key to enhancing your chances of success in your personal injury case. An initial consultation with a personal injury lawyer can clarify any questions you might have about your claim.

Speak with Our Personal Injury Law Firm

If you’ve been injured in an accident and need legal support, contact our personal injury attorneys at Siler & Ingber today to schedule a consultation.

If you need a Manhattan Construction Accidents Attorney, our team is here to help you navigate your case effectively. Don’t hesitate to reach out to a construction accident lawyer in Manhattan for professional legal assistance.

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