The attorney-client privilege is one of the oldest protections recognized in modern law. This principle highlights that clients should be free to communicate openly and honestly with their personal injury lawyers. This will help the lawyer provide the client with the best possible representation. Plus, the lawyer may not be compelled to divulge the details of the protected communications.
Keep reading below to learn all the details about the attorney-client privilege, when it applies, and potential exceptions to the rule.
What Is the Attorney-Client Privilege?
Attorney-client privilege is a rule of evidence that protects certain communications between a lawyer and their client. Communications intended for the purpose of seeking legal advice are protected under the privilege. This means neither the lawyer nor the client may be forced to testify about the protected communications.
The attorney-client privilege allows clients to communicate freely with their lawyers. They shouldn’t worry that their confidential information will be shared with anyone else.
Scope of the Privilege
Certain criteria must be met before the privilege applies. First, an attorney-client relationship must exist. This relationship may be evidenced by a formal representation agreement or a less formal agreement between the parties.
Information shared during a free consultation can be a gray area. If you have questions, always ask your attorney first. You can ask them directly whether an attorney-client relationship exists. Do so before sharing any confidential information.
Next, you must establish the following facts before you can assert the privilege:
- You were seeking legal advice from the lawyer
- You had an assumption of confidentiality
- You took reasonable steps to maintain that confidentiality
If all of these criteria are met, you can likely assert attorney-client privilege. It is also worth noting that the privilege applies to all types of communication, not just verbal communication. For example, even certain gestures or motions could be considered protected communication for the purposes of the privilege.
What Is the Purpose of the Attorney-Client Privilege?
The attorney-client privilege exists as a matter of public policy. Without open and honest communication, a lawyer would have a difficult time providing quality representation to their clients.
With the privilege in place, clients can be completely transparent with their lawyers. This will allow the lawyer to put together the best representation strategy based on all the facts of the case.
Exceptions to the Attorney-Client Privilege
It is important to note that the attorney-client privilege is not absolute. There are a few exceptions that allow for the disclosure of confidential information. In a few of these situations, disclosure might even be required.
Waiver
You may choose to waive your attorney-client privilege. Since the privilege is for your benefit, only you (and no one else) can choose to waive it. Your attorney cannot choose to waive the privilege for you.
In some cases, an implied waiver may exist. When you use the services of a law firm, your lawyer has an implied waiver to share your information with other lawyers in the firm. The information shared may only be for the furtherance of your representation. This implied waiver exists unless you expressly prohibit it.
Death
Most secrets are taken to the grave, but an exception may exist for your attorney to share some secrets after your death. This may occur when your attorney was involved in your estate planning. Sometimes, questions or disputes may arise about your estate. Your lawyer may share information about your intentions to help settle those disputes.
Corporate Attorney
Attorney-client privilege can get somewhat complicated when the client is a corporation. Shareholders may be able to break down the privilege and demand that the attorney share confidential information.
Additionally, the traditional privilege does not apply since the corporation is not a person. If your attorney is representing a corporation, be extra cautious. Make sure you clarify details about the privilege before sharing confidential information.
Joint Representation
In some situations, an attorney might represent two or more clients in the same matter. In this case, the clients’ interests are not adverse to each other. One client may not assert attorney-client privilege to gain an advantage over the other jointly represented client.
Future Crime or Fraud
An attorney may breach the attorney-client privilege to stop the commission of a crime or prevent fraud. For instance, suppose a client tells their lawyer, “I plan to murder the star witness against me the night before the trial.” In that situation, the lawyer must breach the privilege to the extent necessary to stop the crime from happening.
Physical Evidence
Remember that the attorney-client privilege only applies to communications. It does not apply to physical evidence. Therefore, you may not give your attorney physical evidence expecting that the evidence will not be disclosed.
Failure to Maintain Confidentiality
You must take reasonable steps to maintain confidentiality. This must be done to maintain the privilege. Failure to do so may cause you to lose the attorney-client privilege.
For instance, imagine that you share confidential information with your attorney. Then, you also share it with two of your friends. That information is no longer protected by the attorney-client privilege.
Also, never share confidential information while others are in the room. This can also breach the privilege. Even speaking too loudly so that others outside the room can hear may be considered a failure to maintain confidentiality.
Contact Our St. Louis Personal Injury Lawyers at Eason Car Accident and Personal Injury Lawyers for Help Today
Most personal injury lawyers work on contingency fees, so talking to a lawyer about your case will not cost you anything. However, be careful before sharing any confidential information with your lawyer during an initial consultation. If no attorney-client relationship exists, the information you share might not be protected.
The team at Eason Car Accident and Personal Injury Lawyers can answer all your questions and help you through every detail of our claim. For more information, please contact Eason Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in St. Louis, MO, today. We have two convenient locations in Missouri, including St. Louis and Richmond Heights.
We proudly serve St. Louis County and its surrounding areas.
Eason Car Accident and Personal Injury Lawyers – St. Louis Office
10 S Broadway #560
St. Louis, MO 63102
(314) 932-1066
Eason Car Accident and Personal Injury Lawyers – Richmond Heights Office
1034 S Brentwood Blvd Penthouse 1-C
Richmond Heights, MO 63117
(314) 463-4173
