Attorney-client privilege can have a big impact on your case. It is one of the oldest protections in modern law. This privilege allows you to share information with your lawyer without fear that your information will be disclosed to others.
Attorney-client privilege can be crucial to your injury case. However, you must meet certain criteria for the privilege to apply. Continue reading below to learn more about this important legal protection.
What Is Attorney-Client Privilege?
Attorney-client privilege is a rule of evidence that prevents your lawyer from being forced to testify about confidential information you have shared with them. This is one of the oldest privileges that exists in the modern judicial system. Clients need to be able to communicate openly and honestly with their lawyer.
If clients were worried that their confidential information might be shared, they would be unable to share every detail of their case. This would significantly hinder the lawyer’s ability to provide the best representation possible.
If the lawyer is called to testify, they can use the privilege to avoid sharing confidential details of your representation. Even if the lawyer shares confidential information, the judge may strike that testimony from the record.
When Does Attorney-Client Privilege Apply?
Not every communication with your lawyer is protected by the privilege. There are specific legal requirements that must be met before the privilege can be applied.
Those elements are:
- An attorney-client relationship existed
- You were seeking legal advice from the lawyer
- You were under the assumption that your communications were protected
- You took reasonable steps to keep your communications confidential
The privilege applies to both written and verbal communication. In some cases, it may even extend to gestures intended as forms of communication. For instance, a head nod could be considered a form of privileged communication in certain situations.
If you have any questions about whether your communications are confidential, it is best to ask the lawyer directly. Ensure you obtain clarification before sharing confidential details about your case.
Exceptions to Attorney-Client Privilege
While your communications with your lawyer are generally privileged, there are some exceptions. In these special cases, your lawyer may be able to (or even required to) share your confidential information.
Some of the most common exceptions to the privilege include:
Waiver
You can waive the attorney-client privilege. Remember that privilege exists for your benefit. Therefore, you, and only you, have the authority to waive it. Your attorney cannot decide to waive the privilege for you.
Keep in mind that you may unintentionally waive your right to the privilege in some situations. For instance, if you share confidential information while others are present in the room, you have waived your right to claim the privilege.
Implied Waiver
Your lawyer has an implied waiver to share information with their colleagues within the firm. If you do not want them to discuss your case with other lawyers in the firm, you must tell them of your wishes. However, their sharing of your information must be done only to further your representation.
Death
Most of the time, a client’s secrets will remain a secret even after their death. Attorneys are not generally allowed to share confidential information even after the client’s death. However, there are some situations where this is not the case.
If an attorney helps a client with their will, questions could arise after the client’s death. The lawyer may be allowed to share information about your intentions after your death. This testimony could be used to help resolve disputes that arise.
Corporate Attorney
Corporate attorneys are in a unique position. Their client is not an individual, but rather a legal entity established solely by statute. These attorneys represent the corporation itself and not any specific individual within the corporation. Therefore, the attorney-client privilege does not exist between the attorney and the corporation’s employees.
Shareholders also hold special power over corporations. The shareholders may be able to pierce the attorney-client privilege and force the lawyer to disclose information they have learned during their representation.
Prevention of Future Crime
In some situations, the lawyer may have a duty to disclose confidential information. This happens when the lawyer learns information from the client about their intentions to commit a crime.
For example, suppose the client tells the lawyer, “I intend to murder the star witness in my criminal trial tomorrow.” The attorney must disclose as much information as necessary to prevent the commission of the crime.
Physical Evidence
Remember that the privilege only applies to communications with your lawyer. It does not apply to physical evidence. You cannot bring a murder weapon to your lawyer with the expectation that it will not be disclosed to the police.
Jail Phones
Most people know that conversations on jail phones are recorded. By sharing confidential information on one of these phones, you may lose your expectation of privacy. Always wait until you can share confidential information with your lawyer in a face-to-face setting.
Contact Our Salt Lake City Personal Injury Lawyers at McMinn Personal Injury Lawyers For Help Today
If you have been hurt in an accident in Salt Lake City, contact the experienced team at McMinn Personal Injury Lawyers for help. Whether you have a car accident claim or need help with a wrongful death suit, attorney-client privilege could have a significant impact on your case.
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX, and Salt Lake City, UT.
McMinn Personal Injury Lawyers – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Personal Injury Lawyers – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
