What Is Attorney-Client Privilege in a Personal Injury Case?

Attorney-client privilege is not only important in criminal justice cases, but it’s also an essential aspect of a personal injury case. Before you hire an Oklahoma City injury attorney to represent your rights and best interests in a personal injury case, it’s important to have a full understanding of attorney-client privilege, when it’s in place, and how it benefits your case.

What Is Attorney-Client Privilege?

Attorney-client privilege is the legal ethics doctrine that ensures all communications between clients and their attorneys remain confidential. The court cannot compel an attorney to testify against a client or reveal information. This privilege applies to any communication or disclosures exchanged for legal advice and intended to be confidential. The attorney-client privilege applies to all oral and written communications and allows clients to confide in their attorney without fear that any information they disclose will be used against them in their claim or court case. It allows clients to be completely honest with their attorney so the attorney can put forward the best possible case.

Attorney-client privilege is also in place when the client discusses their legal case or exchanges communications or documents with anyone representing their attorney, such as staff members and legal aides.

When Is Attorney-Client Privilege in Place?

Any information disclosed during a client’s discussions with their attorney is covered by attorney-client privilege as long as the following is true:

• The information exchange or conversation took place between a client and their attorney or a representative of the attorney
• The purpose of the exchange was to seek legal counsel or discuss any aspect of a legal case
• The lawyer was acting in their professional capacity during the exchange
• The client expected confidentiality during the communication
• The information was not imparted for the purpose of presenting it to a third party

All forms of in-person and written communications, including texts, letters, notes, and emails, between a client and attorney are covered under attorney-client privilege in these circumstances.

How Does Attorney-Client Privilege Impact a Personal Injury Case?

Attorney-client privilege is in place from the moment an injury victim has a free case consultation with their attorney, even before they formally hire them or sign a contract. This privilege allows the client to be completely open with their attorney without fear of anything said, or documents shown, being repeated or used during negotiations for a settlement or in court. For instance, details about how a car accident occurred, a client’s financial disclosures, and meetings between attorney and client to discuss negotiations with the insurance company for a settlement. It also protects the client’s privacy and dignity when they disclose personal information about their medical condition and its impact on their lives.

An experienced attorney safeguards all communications and cannot disclose any information exchanged while acting in a professional capacity unless the client agrees. An attorney may only break attorney-client privilege if the client discloses their intent to commit fraud, an act of violence, or other crimes.

How Does Knowing Attorney-Client Privilege Is in Place Help?

There are many reasons a personal injury victim might wish to ensure they are under attorney-client privilege; for example, when discussing a lawsuit against a negligent employer, when disclosing the embarrassing effects of an injury, or when discussing whether or not their actions contributed to the injury. Attorney-client privilege is an integral part of every legal case in our criminal and civil justice system. Contact a lawyer from Dan Davis Law today.