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No fee until we win. You pay nothing unless we win your case.
The confidentiality of your meetings with legal representation is vital to the success of your personal injury case. This confidentiality is encoded in the legal system through the concept of the attorney-client privilege. What is this privilege? How does it apply? And just as importantly, when might it not apply? And what can you do to protect yours? Here are answers to your most important questions.
In a nutshell, this concept means that your lawyer (and their team) cannot reveal the contents of discussions solely had with them in the course of your legal matter. This privilege begins when you meet with a lawyer to discuss representation, even if you never hire them, as long as this is the purpose of the meeting. It continues throughout all forms of communication during their representation.
Not only can the attorney not break this confidentiality, they cannot be made to do so in most circumstances. Privilege prohibits your personal injury lawyer from being forced to testify against you, for instance, by revealing anything said during your protected meetings.
This legal prohibition is binding on the attorney's side. In general, they do not have the right to decide that they no longer wish to maintain confidentiality. There are exceptions in some cases, such as if a client discusses committing a future crime that would harm people. In personal injury cases, obviously, such a situation is extremely rare.
The client, though, has the ability to waive privilege. This rule is in place, after all, to protect your legal case. The client may formally waive privilege, but this more often happens in an informal manner. If you tell friends or coworkers what happened while meeting with your attorney, you may have implicitly waived privilege and opened up those conversations to scrutiny.
The court may also intervene to decide if a specific situation forces the waiving of attorney-client privilege. This doesn't often happen.
Attorney-client privilege allows you to speak freely with your lawyer and their associates. It encourages you to tell them what they need to know to defend you from accusations and win your lawsuit.
For example, perhaps you are suing a drunk driver who hit you. Your attorney needs to know about anything which may come up that could harm your case. For instance, perhaps you had texted around the same time as the accident or had gone for a drink beforehand. Only under the protection of privilege do many clients feel comfortable sharing delicate, potentially incriminating, or risky subjects.
This confidentiality also gives you an outlet for expressing yourself during an injury trial when you may not even be able to speak freely with loved ones.
Because it's a vital tool that helps them, every client should endeavor to protect their privilege. Avoid talking with others about meetings, emails, texts, and documents shared between you and your lawyer. Stay off social media, and ask friends and family to avoid posting about your case as well. Ask your lawyer which members of their team are working on your case and how privilege applies to your interactions with them.
Work with your attorney, too, when handling any communications between you and legal opponents. During discovery, for example, you may not know if any evidence they request could be protected by privilege. Only by working closely with skilled lawyers can you avoid accidentally waiving privilege.
Do you have more questions about attorney-client privilege? Are you worried about a particular situation which may affect your attorney-client privilege? Learn more about this important right by meeting with Porta-Clark & Ward. We have a combined 35 years of experience helping your Pennsylvania friends and neighbors find the answers to their legal questions. Call today to make an appointment.