Why is Attorney-Client Privilege Important to My Injury Case?

By Anderson, Cummings & Drawhorn, LLP on April 08, 2022

Talking to a lawyer

If you are injured in an accident caused by someone else’s negligence, you may be considering working with an attorney to pursue maximum compensation for your damages. While you may have heard of attorney-client privilege, you may not know how it can help protect the value of your case.

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Below, we discuss the meaning of attorney-client privilege and how important it can be to your injury case.

Call our Fort Worth personal injury lawyers today if you have any questions about your legal options. The consultation is free and confidential, and there are no fees while we work on your case.

What is Attorney-Client Privilege in Texas?

Attorney-client privilege is a relationship between a client, or a prospective client, and his or her lawyer.

The client may presume an expectation of confidentiality from his or her attorney. However, an attorney is also bound by law to not disclose any communications he or she discusses with a client. In other words, attorney-client privilege is more than just a social expectation. It is a legal requirement for your attorney.

The relationship is one rooted in trust and confidentiality, which helps both the lawyer and the client. The client can feel secure about sharing all the facts about his or her situation. The lawyer, having all the facts, can do his or her job of building a strong case that favors the client.

When Does Attorney-Client Privilege Legally Begin?

There could be a misconception that confidential communications between you and an attorney would not begin until you sign on the dotted line. However, that is not true.

Technically, you may not be considered a “client” until you employ the attorney. However, the attorney-client privilege begins the moment you intend to work with an attorney and discuss your case. This is why our free consultation is also confidential.

You do not need to have paid an attorney any money before attorney-client privilege kicks in either. Since our attorneys work on contingency, which means you pay us only if we win, we are still bound to confidentiality.

How Does Attorney-Client Privilege Benefit Me?

Working with an attorney gives you a better chance at recovering fair compensation. Attorney-client privilege gives you the added benefit of discussing every aspect of your case truthfully. Since your communications with your attorney are private, the liable insurance company cannot discover or use that information against you during your case.

For example, you can discuss a pre-existing injury with your attorney so he or she can prepare a strategy for disclosing this information to the opposing party.

Another way attorney-client privilege may benefit injury victims is by limiting what information is eventually made public if your case goes to trial. For example, some of your medical records are not relevant to your case, so they may not need to be disclosed during discovery.

Thanks to attorney-client privilege, you can discuss your medical records with your attorney and explain the records you wish to keep private. If they are not relevant to the case, your attorney can object to the opposing party’s attempt to disclose them, further protecting your right to privacy.

Is Attorney-Client Privilege Absolute?

While attorney-client privilege covers most communications between you and your attorney, it is not an absolute privilege.

Disclosing any intention to commit a crime, including insurance fraud, may force your attorney to report that information to the proper authorities. Failure to do so could land your attorney in serious trouble.

Attorney-client privilege also ceases to exist after the death of a client. However, if the injury victim dies after an accident, that person’s family members may become the client if they decide to continue legal action under a wrongful death case.

Need Help Filing a Claim? Call Our Texas Law Firm Today

Working with an attorney to recover damages after an accident has many benefits, including the benefit of attorney-client privilege. If you were injured due to someone else’s negligent actions, you should strongly consider calling our knowledgeable attorneys as soon as possible.

The consultation to discuss your case is free and confidential. We do not charge you anything up front and only get paid if you do. There is no risk to you.

Call (817) 920-9000 to schedule a free consultation.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive guidelines. This page was approved by attorney Seth Anderson, whose team has more than 50 years of combined legal experience in helping victims of personal injury seek justice.

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