Suppose you hire a lawyer to handle your personal injury claim. How would it affect your case if you feared that your lawyer couldn’t keep their mouth shut and that the opposing party could use your lawyer’s words against you?
You would probably heavily censor what you said, thereby crippling your lawyer’s ability to effectively represent you. Preventing this from happening is what attorney-client privilege is all about.
How Attorney-Client Privilege Protects You
Under attorney-client privilege:
- Your lawyer cannot divulge confidential information about their representation of you.
- No court or other tribunal can subpoena your confidential information or force you or your lawyer to testify about it.
- You can speak freely with your lawyer–you don’t have to keep secrets. This makes it much, much easier for your lawyer to represent you effectively.
- Your lawyer can face penalties for violating attorney-client privilege. The judge might even declare a mistrial under extreme circumstances.
- Even if your lawyer violates attorney-client privilege by revealing confidential information, it is generally true that nobody can use anything your lawyer revealed against you in court. Exceptions to this prohibition exist, however.
Ultimately, attorney-client privilege is a rule of evidence.
How To Trigger Attorney-Client Privilege
Attorney-client privilege will apply if you meet the following conditions:
- There must have been a communication between you and the lawyer. It could be verbal or written.
- The communication must have taken place only among you, your lawyer, and some other privileged person with a need to be present such as a translator, paralegal, or a member of the lawyer’s own firm.
- You must have intended for the communication to be confidential, and the circumstances of the communication must reflect that. You must have attempted to keep the communication confidential, for example.
- The subject matter of your request from your lawyer must concern legal advice.
Attorney-client privilege kicks in only if you meet all of the foregoing conditions.
Exceptions
There are many exceptions to attorney-client privilege, and it is important for you to know the most important ones.
Waiver
As the client, attorney-client privilege belongs to you and only you. Consequently, you can waive the privilege at your pleasure, but nobody else can do so without your permission, even your lawyer.
Intentionally and publicly revealing confidential information can operate as an implied waiver of attorney-client privilege.
Future Crime or Fraud
If you tell your lawyer, “I murdered my wife,” your confession is privileged. If you tell your lawyer, “I am going to murder my wife tonight,” that is not privileged.
In fact, your lawyer would have a duty to reveal that information to prevent the crime. The same principle applies to a future fraud,
Attorney Self-Defense
Suppose you sue your lawyer for legal malpractice, or perhaps your lawyer sues you over a billing dispute. Either way, you cannot invoke attorney-client privilege to prevent your lawyer from defending themselves or asserting their legal rights.
Joint Clients
Once in a while, a lawyer will represent two clients in the same case if they share interests in common. Communications between the attorney and the clients are not privileged in subsequent disputes between those clients.
Death of the Client (in Certain Estate Law Disputes Only)
Normally, a client’s secrets go to the grave with them. That means, with certain exceptions, the lawyer must keep their client’s secrets even after the client dies.
However, suppose a probate dispute arises over the meaning of an ambiguous sentence in their last will and testament. If the lawyer’s confidential communications with the client would shed light on this issue, the lawyer may testify to reveal that much information (and only that much).
The idea is that allowing such testimony effectuates the client’s last wishes.
Don’t Be Afraid To Speak Candidly With Your Personal Injury Lawyer
If you have a sizable personal injury claim, hiring an experienced personal injury lawyer may be a necessity. In all probability, they will bill you on a contingency fee basis, which means you don’t pay legal fees unless you win compensation.
If you’ve been injured in Las Vegas, NV, and need legal help contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. We’re proud to serve Clark County and the surrounding areas.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.
