Is Everything I Tell My Personal Injury Lawyer Privileged?
Consulting a personal injury lawyer requires you to reveal all relevant information about your case. However, you may hesitate to discuss sensitive details you don’t want to be shared publicly.
Thankfully, the Attorney-Client Privilege takes effect right when you call a legal expert for the first time. It protects your information and prevents your lawyer from releasing any of your information without your consent. Thus, you can safely communicate with your legal counsel to proceed with your case.
Now, you may wonder about its limitations, such as what information goes unprotected?
So, read on to understand more about this client’s privilege.
What Is Attorney-Client Privilege
The Attorney-Client Privilege is a rule that retains the privacy of the communication between a legal representative and their client. It prohibits legal counsel from sharing information about their clients without the client’s consent. And in most cases, even the court cannot order a legal representative to release such information.
This privilege allows clients to safely and securely share sensitive information with their legal counsel. Thus, the officer may collect as much relevant information as possible to represent the client efficiently.
When Does the Client’s Privilege Apply
This client’s privilege applies upon meeting these conditions:
- Anytime a client communicates with a legal counsel about legal advice.
- The legal representative acts on professional duty and not in a casual conversation.
- The client wants to keep the communication private.
- The transmission is done privately, whether in personal chats, phone calls, emails, or other methods.
This privilege immediately applies when calling a lawyer for the initial consultation. However, as stated above, you should meet the conditions to keep your communication confidential.
For example, another person listens while you talk with a legal expert. The client’s privilege won’t apply because another person was there, and that person might release your information.
Thus, always observe these conditions when communicating with your Burbank personal injury attorney.
When Can a Lawyer Disclose Your Statements
The client’s privilege generally protects information about you when communicating with your legal representative.
It applies from the first time you contact a legal expert until after the conclusion of your case. they cannot even reveal your statements after your death.
Moreover, it applies when you disclose past criminal activities to a legal expert.
However, your legal representative can break confidentiality if you pose particular future threats.
For example, they can immediately call the police if you tell them you plan to kill somebody. Your legal counsel can also release your statement in court as evidence if you plan fraudulent activities.
Comparing Client’s Privilege and Duty of Confidentiality
The client’s privilege and duty of confidentiality may sound similar, but there is a vital difference between the two.
The client’s privilege revolves around preventing the use of your statements to your legal counsel as court evidence. Thus, they cannot testify against you in court.
For instance, they can’t testify you were drunk during a slip and fall accident. Instead, they will prove you were not at fault.
On the other hand, the duty of confidentiality keeps a legal expert from releasing clients’ information in or outside the court.
An example is your legal representative cannot tell their friends and colleagues about you and your case.
Call a Personal Injury Lawyer in Burbank to Know More about Attorney-Client Privilege
This legal privilege maintains confidential communication between you and your legal counsel. You don’t need to worry about your legal expert releasing your sensitive information without consent.
And that’s crucial while working with a legal representative to win your case efficiently. A Burbank personal injury attorney will explain more about this client’s privilege.