How Does Attorney-Client Privilege Work in a Personal Injury Case?
Hiring an attorney to represent you during an injury claim has many benefits. Research has shown hiring an attorney may improve your chances of recovering maximum compensation for your damages.
Another benefit is attorney-client privilege. Most communication with your attorney about your case is confidential and cannot be disclosed to the insurance company or anyone else. You do not want the opposing party to learn things they could use against you to devalue or even deny your claim.
Below, our experienced attorneys discuss attorney-client privilege and when it applies. If you have more questions about the benefits of working with an experienced New Jersey personal injury lawyer, Lynch Law Firm, PC offers a free initial consultation. We have helped countless personal injury victims secure compensation for their claims.
WHEN DOES ATTORNEY-CLIENT PRIVILEGE KICK IN?
Attorney-client privilege ensures conversations about legal help are confidential. When you talk to a lawyer about your claim, he or she cannot share it with anyone else.
This means that the attorney-client privilege takes effect the moment a potential client connects with an attorney who may represent him or her during a case. Our attorneys offer a free and confidential consultation to discuss the details of your claim and see what legal options may be available to you.
WHAT IS COVERED BY ATTORNEY-CLIENT PRIVILEGE?
When the attorney-client relationship is established in a personal injury case, you, as the client, have the right to expect a certain duty of confidentiality from your attorney. Generally, an attorney may not reveal any oral or written communications between their legal team and a client. This includes any phone conversations, emails or text exchanges.
This privilege may stay in effect until well after a claim is resolved, even if the client dies. The confidentiality agreement may also be applied in the event a client chooses to terminate the legal relationship and work with a different attorney to represent him or her. When this happens, the client may approve the transfer of important documents to the new attorney. It is important to note that only approved communications between a client and an attorney may be revealed with the express consent of the client, in most situations.
ARE THERE EXCEPTIONS TO THE ATTORNEY-CLIENT PRIVILEGE?
There are some exceptions to attorney-client privilege. While most communication is protected, an attorney may be legally required to reveal any instances of fraud or attempts at fraud. However, instances of fraud committed in the past not associated with the case may not be disclosed, depending on the situation.
Other exceptions to attorney-client privilege include if the client is seeking legal counsel with the sole purpose of committing a crime. For example, if a client makes a statement threatening a liable party, an attorney would be required to report this to law enforcement if he or she has reason to believe the act may be carried out.
Due to the laws concerning attorney-client privilege differing at the state and federal level, it is important to discuss the scope of what communications are protected with a licensed attorney.
HOW ATTORNEY-CLIENT PRIVILEGE BENEFITS YOUR CASE
Thanks to attorney-client privilege, you can feel free to discuss everything about your case with your lawyer. You do not need to be concerned about a preexisting medical issue being used against you. You may think you are partially to blame for the accident. However, there is no harm in talking to your lawyer about it.
HAVE MORE QUESTIONS? CALL US TODAY
Choosing the right attorney to represent you during an injury claim is an important decision. You need an attorney with a history of results who knows how to pursue full compensation and is prepared to go to court when necessary.
For decades, our attorneys have worked with many injury victims and helped them secure the compensation they needed to move forward after an accident. Our firm has secured more than $300 million in compensation.*
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