After you hire an Alabama car accident attorney, you will talk to your lawyer – a lot. You’ll likely:
- Meet in person at the lawyer’s office
- Have phone calls
- Discuss things via Zoom
- Exchange emails and text messages
Some of these conversations will involve sensitive, private information. Luckily, two legal rules prevent lawyers from sharing your personal injury case facts with others –lawyer-client confidentiality and attorney-client privilege.
This article will explain what lawyer-client confidentiality is, what attorney-client privilege is, why they matter, and how they can help your Alabama accident injury case.
What is Attorney-Client Privilege?
Attorney-client privilege attaches when there is:
- A communication. This can be oral, written, electronic, or even nonverbal (e.g., a head nod) as long as the intent is to convey information.
- Between privileged persons. The privilege focuses on the lawyer and the client.
- Made in confidence. The client (you) believed that the communication was just between you and your lawyer.
- For the purpose of giving or receiving legal advice. Anything you say to your lawyer to get legal advice about your case is protected. However, other subjects are not. So, your memories of the accident are protected, but your thoughts about Alabama’s or Auburn’s quarterback aren’t.
If each of these requirements are met, the legal privilege protection applies. Under Alabama Rule of Evidence 502, these privileged communications cannot be used against you in court.
What is Lawyer-Client Confidentiality?
Rule 1.6 of the Alabama Rules of Professional Conduct says that a lawyer “shall not reveal information relating to the representation.” When confidentiality protection applies, your attorney cannot release any information relating to your case unless you give permission or an exception applies. (For example, attorneys can disclose confidential communications if they believe it is necessary to stop a crime that might lead to death or serious bodily injury.)
What’s the Difference Between Attorney–Client Privilege and Lawyer-Client Confidentiality?
There are three major differences.
- Their focus. Privilege focuses on when private information can be introduced in court. On the other hand, confidentiality applies at all times during – and even after – your representation.
- Their scope. Attorney-client privilege only applies when its requirements are met. Confidentiality is much broader. For example, your lawyer learns something about your case from someone other than you. Privilege wouldn’t protect this information, but lawyer-client confidentiality would.
- Their application. Privilege only protects confidential communications made for legal advice. Confidentiality protects all information relating to the representation — including documents, facts uncovered during investigation, strategy notes, and information learned from third parties — even if it does not meet the standards for privilege.
When Do Attorney-Client Privilege and Lawyer-Client Confidentiality Begin?
Most lawyer-client interactions start with a free consultation. (Collins Law is pleased to offer free consultations to all potential clients.) So, you may wonder, “Does attorney–client privilege apply before I actually hire the lawyer?” Generally, yes. Any information you share during a consultation is covered. You do not have to sign a contract or retainer. As long as your discussion is related to seeking legal advice, communication privacy applies.
How the Lawyer-Client Privilege Helps Your Alabama Injury Case
Facts are the key to winning your personal injury case. As such, your Birmingham accident lawyer needs to know everything about how the accident affected you – physically, emotionally, and otherwise. You might not want to talk about your injuries, especially ones that you find embarrassing. But giving your personal injury lawyer detailed information about how the accident happened will help you get the compensation you deserve. On the other hand, withholding information can reduce your recovery, or worse, leave you with nothing at all.
What Information Can Confidentiality and Privilege Protect in a Personal Injury Case?
Attorney-client privilege and lawyer-client confidentiality protect your private communications with your legal team about important facts, including:
- How the accident happened. Your conversations with your lawyer about what you were doing before the crash — even if you were speeding, distracted, or made a mistake — are protected, so tell your lawyer everything.
- How your injuries affect you. You can talk openly with your attorney about your pain, limitations, emotional distress, and daily struggles without worrying that those private conversations will be repeated to others.
- Communications with legal staff. Conversations with paralegals, intake staff, investigators, and other team members working with your lawyer are treated the same as communications with the lawyer for privilege and confidentiality purposes.
However, mentioning something to your attorney does not prevent it from being found through other means. Accident case confidentiality protects your discussions with your attorney about the accident, your medical history, and other topics that are protected. However, it does not protect documents or other items that contain similar information. During a legal process called discovery, attorneys for both sides will exchange documents. As long as these documents do not contain private details about your comments to your attorney or your attorney’s thoughts about what you said, the other side is free to request and review them. For example, your conversations with your attorney about how the accident happened are protected by privilege and confidentiality. However, comments written down by hospital staff or police officers in their reports about how you said the accident happened can be found and used by the other side.
Finally, privilege exists to keep private legal advice and messages between lawyers and clients private. But a communication that is shared with others is no longer private. As such, privilege will no longer protect it. Common mistakes that can destroy attorney-client privilege include:
- Bringing friends or family members to legal meetings
- Allowing someone to attend your legal meetings via speakerphone or Zoom
- Posting your lawyer’s legal advice on social media
- Forwarding your lawyer’s emails to others
If you accidentally break privilege, the revealed information can be used in court. However, your attorney is still bound by confidentiality rules, so they cannot disclose any sensitive case information.
What Happens If a Lawyer Breaks Lawyer-Client Confidentiality?
If you believe that your attorney shared privileged or confidential information, tell the Alabama State Bar. The Bar is responsible for punishing lawyers who break the rules of professional conduct in our state. Depending on the severity of the lawyer’s behavior, the bar may reprimand the attorney, suspend their license to practice law, or revoke their license altogether.
More Questions About Alabama Personal Injury Lawyers?
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f you’ve been in a car accident, trucking accident, or any other type of crash, contact Collins Law, LLC today. Our personal injury attorneys will keep your information private as we work to get you the compensation you deserve. Use our contact form or call (205) 588-1411 to schedule a free, confidential accident consultation.
