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When Does Attorney-Client Privilege Apply in a Car Crash Claim?

female attorney with clientIn a cyber-focused world, it can be difficult to find or even expect privacy or confidentiality. However, in a legal sense, at least, there are situations where it still exists.

Understanding confidentiality as it applies to a car crash claim is important, especially if you have been injured due to someone else’s negligence and are planning to seek compensation beyond your no-fault benefits. Knowing when and how to share any information about your accident and resulting injuries can make a difference in the outcome of your claim. 

At Jay Trucks, our automotive crash lawyers in Flint are well-versed in the laws that impact your car accident claim. We are ready to help you recover the fullest amount of compensation available.

FREE and Confidential Case Review. (800) 762-8623

What is Attorney-Client Privilege?

Attorney-client privilege is a legal rule that was implemented to protect a client’s conversation with his or her attorney. Not only are attorneys prohibited from sharing any part of a private conversation with a client, but they could potentially be disbarred for doing so.

When Does Attorney-Client Privilege Apply in a Car Crash Claim?

Understanding when attorney-client privilege applies to your car crash claim is important. You do not want to be guarded when speaking with your attorney. However, you also do not want to, for example, speak to an attorney casually without being certain your conversation is protected.

Here are answers to some of the most common questions we get about attorney-client privilege:

Does Attorney-Client Privilege Apply in My Free Case Review?

The protection offered by attorney-client privilege does apply when you are meeting with an attorney in a free case review to discuss a potential claim, even if you have not yet hired that attorney.

More specifically, it is generally presumed that attorney-client privilege extends to a client or potential client if:

  • He or she is expecting the discussion to be confidential and is not told otherwise by the attorney
  • The purpose of the meeting is to seek legal advice
  • The attorney is meeting with you in his or her capacity as a legal professional
  • You already have an attorney-client relationship with the attorney

That said, it never hurts to get confirmation from the attorney that he or she is acting in his legal capacity before you begin any confidential conversation.

Are There Other Times Attorney-Client Privilege Applies?

Attorney-client privilege applies to any situation where you are communicating with your attorney privately. This confidentiality also extends to include emails, letters and phone calls where you discuss the details of your case - but only if they are considered private.

This means that any details about your case should not be discussed where others may read, discover or overhear what is being said. For example, information about your case that is shared on social media, with multiple parties in an email, or discussed in a public setting, is not protected by attorney-client privilege.

Can My Attorney Be Forced to Reveal a Conversation?

It is unlikely that the courts would attempt or be able to legally compel an attorney to reveal any discussion protected by attorney-client privilege. In fact, this protection would likely still apply even if a client told his or her attorney about a previous crime, such as stealing a car. However, an attorney is no longer held to attorney-client privilege in situations, such as if:

  • The attorney learns about information that can prevent a death
  • The client tells his or her attorney about a crime he or she is planning to commit

What if a Client Reveals a Protected Conversation?

Clients are not held by the same professional legal rule as their attorneys. If a client reveals the contents of a protected conversation with his or her attorney, the only backlash may be the loss of confidentiality and resulting damage to his or her claim. There is no legal recourse against the client.

How You Benefit From Attorney-Client Privilege

Knowing your conversation with your attorney is completely confidential lets you speak unguarded, providing the attorney with full disclosure about your car crash. This helps your attorney to:

  • Give accurate legal advice based on full disclosure of all facts and details
  • Be aware of information, such as if you contributed to the crash, that could impact your claim
  • Prepare a strategy to present any details that could challenge your eligibility for compensation

For example, telling your attorney about preexisting conditions you had before the accident helps him or her prepare a strategy for informing the insurance company, thus limiting any potential damage to your claim. 

Injured in a Car Crash? Jay Trucks is Ready to Help

After a car crash that causes you serious harm, having an experienced attorney on your side to protect your interests can give you peace of mind. 

At Jay Trucks, our qualified attorneys have extensive experience and knowledge of the law. We have a proven track record, recovering millions for our clients, and are prepared to seek the maximum compensation possible on your behalf.

Call today to get answers to your legal questions. There is no cost for this initial consultation and no obligation to hire our services. If we represent you, there are also no upfront costs to pay. We do not get paid until the legal process concludes, and only if we recover compensation for you.

Experienced lawyers on your side. (800) 762-8623