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The attorney-client relationship and privilege are a cornerstone of successful personal injury cases. However, the privilege and privacy of this relationship are not automatic in all circumstances. To enjoy its benefits, you must meet three basic requirements. What are these? How can they be misunderstood? And how can you ensure that you don't run afoul of any pitfalls? Here's what you need to know about them.
1. You Communicate With a Lawyer Regarding Legal Advice
Communication can take a number of forms in today's legal world. In-person communications, phone calls, texts, emails, and letters are all eligible to fulfill this requirement. Whatever the form, the communication does need to relate to your pursuit of legal advice about a particular matter.
This tenet means that attorney-client privilege and privacy may start even before you have actually signed an agreement with your attorney. It begins with the earliest requests for legal assistance — such as advice for responding to notices or preserving evidence after an accident — if you and the attorney both understand that you are forming a client relationship.
2. The Attorney Acts in Their Professional Capacity
Simply chatting with a lawyer about your situation or even your case doesn't automatically make for privileged communication. It must be reasonably done in the course of their professional work.
If you discover that a fellow dinner guest at a party is a lawyer, for instance, talking with them about your injury isn't usually privileged communication. Even if the conversation ends up convincing you to start a personal injury case, the original discussion was had as laypersons and may not be considered official and protected.
3. You Intend Your Communications to Be Private
As a client (or potential client), you must do your part. This generally means behaving in a way that demonstrates that you intend your communications with an attorney to be kept private.
You may not be able to count on this privilege, for example, if you talk about your case at that dinner party. And you must maintain the matter as private on your end, not sharing the specific communication (such as confidential emails) with others.
Where to Learn More
Without a doubt, understanding when you can and cannot expect your conversations or information to be private allows you to get the best legal guidance and helps your lawyer provide the best assistance to you. So if you're hesitant to speak with a lawyer after your injury, start by learning more about how attorney-client privilege works. Make an appointment to get answers to your questions today.
For more information, contact a local firm like Bradley Drendel & Jeanney.
Share12 August 2022