One of the most fundamental and exposed principles of personal injury law is a concept known as attorney-client privilege, which at its heart was designed to promote open, honest, and comprehensive communication between you, the client, and your attorney. It is referenced in thousands of shows and an equal number of movies, and it is presented as a secretive pact that protects privileged information by both parties, information that may be used against you, the plaintiff or claimant.

Personal injury lawyers serve a vital purpose in our community, and this is to ensure that you are appropriately compensated after getting injured due to the negligent actions of another party.

That said, information surrounding the particulars of a personal injury lawsuit is usually gleaned from those godawful personal injury law firm commercials that play on network television day and night, giving the average American an incorrect perception or view of personal injury law.

Many would-be injured claimants would therefore have anxieties and doubts about the sacrosanct nature of attorney-client privilege and may have inaccurate information on whether or not this privilege can be waived. It is understandable to have these doubts given the often sensitive personal, financial, or medical detailed one may have to share with their attorney and the fear that this information could become public information or discoverable.

In this post, we shall take a look at attorney-client privilege, when or if it can be waived, and the practical steps we take as a law firm to protect your confidential information during and long after your lawsuit has ended – read on to find out just exactly how we do this.

Are you looking for the best personal injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience, where we’ve helped tens of thousands of Americans from across the country and different socioeconomic backgrounds receive compensation after getting injured due to the negligence of other individuals or corporations.

Over the decades, we’ve recovered over $260 million and counting for our clients, highlighting our excellence and commitment to getting fair compensation for anyone we opt to represent. Our success when it comes to winning claims is rooted in a number of factors such as the fact that we personally handle and process all claims from start to finish and do not shunt the job over to paralegals or legal assistants as is often seen in most law firms, we have innumerable years of experience handling insurance company requests and denials and know all the tricks they may employ to deny a claim.

In addition, we are also not afraid to litigate claims in a court of law should it come to that, as more often than not, taking a well-prepared case to court so a judge and jury can rule on the same can end in a judgment of maximum compensation for the client; however, most law firms simply opt to engage the insurance company in settlement negotiations which often end in a paltry payout due to the skewed balance of power.

In addition to having nationwide reach thanks to our trusted network of attorneys and law firms, we also run a bilingual firm (hablamos Español), and we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only after we’ve recovered compensation on your behalf.

If you slipped and fell as a supermarket or business establishment, got injured at an apartment residence, were in an auto accident that wasn’t your fault and so on, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

How Does Attorney-Client Privilege Work in Injury Lawsuits?

Simply put, attorney-client privilege is a legal rule that is meant to protect communications and information between you and your attorney. It ensures that everything you tell your lawyer in confidence for the purposes of seeking legal advice, whether orally or in writing, remains between the two of you and cannot be disclosed in a legal proceeding.

This privilege doesn’t only have ethical underpinnings, but it is a fundamental right that is proffered to all individuals seeking legal representation, and that belongs to you, the client, and not the attorney.

Here are the purposes for instituting attorney-client privilege:

1. To promote full disclosure and candor with your attorney so you can provide all facts that are relevant to your case, even if they may be embarrassing or potentially damaging. This privilege allows you to be fully transparent without the fear of judgment or punishment, or losing your case to the other party.
2. Privilege also provides your injury attorney with sufficient relevant information which enables them to fully understand your situation. Without it, they might as well be punching in the dark, and the legal process may end up being protracted.

Circumstances Under Which Attorney-Client Privilege Can be Waived

That being said, while attorney-client privilege is iron-clad, it is not absolute. The privilege can be waived in some special cases, allowing confidential communications to be disclosed. However, since this privilege belongs to you and the attorney, your actions or inactions are what usually lead to a waiver. That is to say, your attorney cannot waive your privilege without your explicit consent at any given time or under any circumstances.

Some of the ways in which you and the client can potentially waive this privilege include:

1. The voluntary disclosure of information to third parties, usually someone outside the attorney-client relationship. Examples of this would be discussing your case strategy with a friend or family member, or even a medical provider who isn’t part of your team.
2. Putting privileged communications “at issue”, which is when you base your claim on the content of said privileged communications. For instance, if you took a certain action or failed to do so on your attorney’s advice, the defense could request that they need to see that advice in order to verify your claim.
3. Inadvertent disclosure – sometimes, privileged communications or documents may end up being accidentally shared with the opposing side during discovery. That being said, McCready Law ensures that inadvertent disclosure does not occur by double-checking and categorizing every piece of information or document for the purposes of protecting your confidentiality.
4. Last but not least, attorney-client privilege shall be waived if you are seeking to commit a criminal act or fraud, since this would be breaking the law.

Here are some of the ways in which we, as a law fir,m protect your attorney-client privilege:

1. We will educate you from our first consultation on the importance of attorney-client privilege and how it works so you can avoid inadvertently waiving this privilege.
2. We have strict internal policies as well as technological safeguards that protect all client communications as well as any documents, ensuring world-class confidentiality. In addition, only legal professionals directly working on your case will have access to your information.
3. Should the defense team attempt to compel the disclosure of privileged information, we shall protect said information and even go as far as obtaining a protective order from the court to prevent its disclosure.
4. We shall train you on how to interact with third parties such as medical providers, insurance adjusters, as well as friends and family, in order to prevent any unintended disclosures that could harm your case or waive privilege, including how to use social media during your lawsuit.

Best Countrywide Injury Attorneys – Call Us NOW!

At McCready Law, we take client communications seriously, given the sensitive nature of the same and the stakes that usually come with filing a personal injury lawsuit. If you got injured due to someone else’s negligence anywhere in the country, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. There’s nothing to sign, and the consultation is 100% FREE. Thanks for choosing us, and we look forward to helping you win.