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

attorney-client privilege when consultingIn a cyber-focused world, it can be difficult to find or even expect privacy or confidentiality. However, in a legal sense, at least, attorney-client privilege is one of the areas that it still exists.

Confidentiality matters in legal claims, such as if you have been injured due to another driver’s negligence. Sharing openly with your attorney about your car crash and resulting damages can significantly impact the outcome of your claim.

At Jay Trucks, our automotive crash lawyers in Flint handle complicated car crash claims every day. 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. Attorneys are strictly prohibited from sharing any part of a private conversation held with a client. Breaking this privilege could cause an attorney to be disbarred.

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 seeking legal help. However, you also do not want to casually speak to an attorney without being certain that what you share 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 discuss your potential claim with an attorney in a free case review. This is true even if you have not yet hired that attorney.

In general, it is assumed 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 ask the attorney for confirmation. So before you disclose any details about your situation, be sure to find out if the attorney is acting in his or her legal capacity.

Are There Other Times Attorney-Client Privilege Applies?

Attorney-client privilege applies to any situation where you are talking with your attorney privately. This confidentiality also extends to private emails, letters and phone calls that include any details of your case.

When Does Attorney-Client Privilege Not Apply?

Your case should not be discussed where others may find out about it. For example, attorney-client privilege would not protect details about your case shared:

  • On social media
  • With friends or family
  • From your work email
  • In any public settings

These are all situations where a client should have no expectation of confidentiality. For this reason, we strongly recommend not discussing details about your case outside of the attorney-client relationship. Doing otherwise could seriously damage your claim.

Can My Attorney Be Forced to Reveal a Conversation?

It is unlikely that the courts would try to legally compel an attorney to reveal any information protected by attorney-client privilege. In fact, this protection may 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 other 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 discloses what was talked about with his or her attorney, those contents are no longer protected. There is no backlash for the attorney in this situation, as it was the client who broke the confidentiality. While this may harm the outcome of that individual’s 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. When you provide your attorney with full disclosure about your car crash, it helps him or her to:

  • Give accurate legal advice based on all relevant 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 can benefit your claim. Knowing about your prior injuries up front gives your attorney the ability to prepare a strategy for handling your claim. When dealing with the insurance company, it also helps to limit any potential damage to your claim’s value.

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

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

At Jay Trucks, our qualified attorneys have extensive knowledge of the law. We have a proven track record 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 unless we recover compensation for you.

Millions Recovered. (800) 762-8623