Attorney-client privilege comes from federal and state laws that protect the confidentiality of communications between an attorney and their client in civil and criminal cases. This confidentiality can prove vital for personal injury victims in building a convincing claim, protecting their right to fair compensation, and winning a case.
When you hire a Parker personal injury lawyer, you can speak with them openly and honestly because attorney-client privilege protects every discussion about your case.
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What Is Attorney-Client Privilege?
Attorney-client privilege dates to the Roman Republic, and federal and Colorado courts have adopted it in their proceedings. Colo. Rev. Stat. § 13-90-107 protects clients pursuing personal injury cases from having their attorney questioned about their communications without the client’s consent.
What Do I Need to Know About Attorney-Client Privilege When I Hire a Lawyer?
When you hire a lawyer to manage your auto accident case, you have the right to confidential communication with your lawyer. Only you, as the client, can assert or waive this privilege. Your attorney has no right to do so under most circumstances.
When an attorney provides legal advice or represents you in a case, all communication between you and your lawyer remains secret. You can share openly with your lawyer and their staff without worrying that the opposing counsel, insurance carrier, or other parties will learn what you say and use it against you.
What Is the Scope of Attorney-Client Privilege?
The attorney-client privilege covers an attorney’s clients and prospective clients and extends to all team members working for the law firm, such as other lawyers, paralegals, and legal secretaries.
This rule protects any oral or written communication between a client and the law firm. Examples include emails, text messages, letters, phone calls, and anything said during in-person meetings.
If you have questions about privileged communication, do not hesitate to ask your attorney. Based on the circumstances, they will assure you whether you can speak openly without worry.
How Do Parties Maintain Attorney-Client Privilege?
To maintain confidentiality, both the attorney and clients should take steps to ensure all communication remains confidential, including:
- Using secure email systems
- Not discussing sensitive information in public
- Not sharing details of the case with others
Of course, a client can share privileged information about their case with a third party if they want. However, the attorney cannot violate the privilege without facing consequences. An intentional breach would be unprofessional and likely violate ethical rules.
Moreover, if you must file a lawsuit, the lawyer might need to identify documents they will not share with the defendants to protect attorney-client privilege.
Accidental Disclosure of Privileged Material
If an attorney inadvertently discloses privileged information, state rules of civil procedure outline how to deal with the issue. Remedies often include limiting how the opposing parties review and use the information to rectify the mistake and ensure the privilege remains intact.
One example is found under Colorado Rules of Civil Procedure 26(b)(5)(B)), which applies to incidents when a lawyer accidentally submits privileged communication as a part of discovery in a litigated civil case. Under this rule, anyone receiving potentially privileged information must not review, use, or disclose the information until the court resolves the issue.
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Tell us about your case Why Is Attorney-Client Privilege Important in My Personal Injury Case?
For several reasons, attorney-client privilege is essential to developing a solid personal injury case and recovering fair compensation.
Encouraging Open and Honest Communication
The attorney-client privilege encourages full disclosure about the case. For example, in a car accident claim, your lawyer needs to know all the details about your collision, including those you worry might weaken your case.
Because your communication is confidential, you can disclose all relevant facts without worry. Having all the facts enables your attorney to develop a compelling case, offer fully informed legal advice, and provide support throughout the process.
Protecting Your Personal Information
Injury cases often involve a lot of sensitive personal information, such as your medical history, medications, and details about your injuries and how they affected your relationships.
However, a lawsuit produces a public record, and you may want to keep these things private from strangers, the insurance company, or others not involved in your case or providing medical care. With attorney-client privilege, you can discuss them with ease.
Aiding Your Lawyer to Formulate a Strong Legal Strategy
Your attorney must have as much information as possible to develop an effective legal strategy to pursue maximum compensation in your Colorado injury case. Therefore, they require access to your documents and a willingness to tell your full, unfiltered story about what occurred.
The attorney-client privilege protects your privacy and right to fair compensation, as well as any communication about your legal strategy, fair settlement range, and related topics.
Preventing the Defense From Using Your Words Against You
Insurance adjusters and opposing counsel are notorious for taking a victim’s words and twisting them to weaken their case for compensation. However, they cannot use this tactic if your attorney manages all communication with these parties, and all communication with your lawyer is privileged.
Providing Leverage in Settlement Talks
Knowing everything said in confidence will remain that way ensures your attorney can honestly assess the strengths and weaknesses of your case, which is critical in facilitating realistic and fair settlement negotiations. Your conversations about offers, counteroffers, and a willingness to compromise are also confidential—which could lead to a more favorable outcome in your case.
The best attorney-client relationships are based on trust and confidence, supported by the federal and state rules that protect communication in these relationships. These rules allow lawyers to focus on building a robust case and advocating for their client’s best interests.
Discuss Your Colorado Personal Injury Case With Our Legal Team
If you suffered injuries in a traffic accident or other incident in Colorado, Matlin Injury Law is here for you. Our attorneys provide free, confidential consultations for victims and their families. Contact us today to learn more about our services and how we can develop a convincing case for fair compensation for you.
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