ALL YOU NEED TO KNOW ABOUT CLIENT-ATTORNEY PRIVILEGE

Nowadays, having to deal with legal issues may be a terrifying experience. A “privileged professional” communication is a protected type of communication between a lawyer and a client. The privilege is given in the view of a legal demand for the communications for the purpose of discovery or for the lawyer to testify under oath.

WHAT DOES ATTORNEY-CLIENT PRIVILEGE MEAN?

The term ‘privilege’ can be defined as the right to protect particular evidence from being disclosed to third parties. The privileged information is generally protected from discovery. Attorney-client privilege aims to secure and protect the communication between you and your lawyer.

It is important because clients are more likely to disclose the information if it remains confidential. The privilege of communication is also applicable to the clients. A court has no power to compel any client to disclose communication between an attorney and his client. As a result, even if you fear the facts might harm your personal injury claim, you should tell your personal injury lawyer everything about your case. That will help your attorney prepare for and deal with any facts or issues that could be harmful to your case.

CAN A CLIENT WAIVE ATTORNEY-CLIENT PRIVILEGE?

Attorney-client privilege can be waived voluntarily by a client. In some very limited situations, the attorney may be required to reveal facts to advance the case. Because attorney-client communications are disclosed, waiving attorney-client privilege can have a substantial influence on the outcome of a legal matter.

IS THERE ANY EXCEPTION TO ATTORNEY-CLIENT CONFIDENTIALITY?

There are several instances where attorney-client privilege may not be applicable. For example, a person seeking legal advice to commit fraud or crime cannot claim attorney-client privilege before a court of law. Some aspects of the attorney-client relationship are not confidential and thus, cannot be protected under attorney-client privilege. The attorney-client privilege protects only your attorney’s private discussions.

WHAT TYPE OF INFORMATION SHOULD BE GIVEN BY CLIENTS?

Give your attorney as much information as you can. You might not think a fact or piece of information is important but it may be. You engaged a lawyer because they are well-versed in the law. When your lawyer has all of the pertinent facts concerning your case, he or she can evaluate the claim’s strengths and weaknesses. If you have a good case, you may wish to go to trial instead of accepting a unfair settlement offer. Together with the lawyer’s experience, this information will enable a far more thorough and successful action plan.

WHAT SHOULD BE DISCUSSED IN THE MEETINGS WITH YOUR ATTORNEY?

At this stage, it’s a good idea to ask as many questions as you think will help you understand the process better. After your initial meeting, you should have a good concept of what it takes to work with and be a part of the team with your legal counsel so they can hopefully bring about the best result for you. In addition, a first appointment is an excellent chance to learn about the firm’s procedures in detail and who you can contact with any questions or information.

CONCLUSION

As we discussed, understanding the client-attorney privilege can provide you with confidence to tell your attorney all of the facts that might be important to your case – the good as well as the bad… If you have any further questions, you can get my assistance for your case and I will answer all your questions. Please feel free to book a free consultation with me.

Joe Lavelle

Mr. Lavelle has significant, successful jury trial experience and is responsible for more than $30 million in jury verdicts and settlements. His most recent trial and settlement victories include:

$10.8 million dollar jury verdict against Pizza Hut on behalf of a mother and daughter seriously injured by a pizza delivery driver.
$1.75 million insurance bad faith case
$1.75 million injury case in Old Town, San Diego
$1.6 million recovery for a young women struck by a transit vehicle

$1.3 million design defect premises case
$1.4 million semi-tractor trailer injury
$1.25 million taxicab injury
$1.6 million for an elderly auto accident victim
$900,000+ recovery for a non-profit in a business dispute
$795,000 for a taxicab related injury
$750,000.00 settlement in products liability case
$750,000.00 for a student injured on the U.C. Berkeley campus
$750,000+ for a family injured on the I-405 in Los Angeles
$695,000 for a women rear-ended by a Sheriff’s Deputy
$300,000.00+ jury verdict for client who fell and was injured on a city bus
$600,000+ jury verdict for a 73-year-old woman who fell in a fast-food restaurant
$600,000+ for a Las Vegas client injured in an automobile accident in Laguna, California
$600,000+ for a husband and wife who suffered food poisoning
$700,000+ for three customers of a nail salon who were injured while receiving pedicures (furunculosis infection)

Mr. Lavelle works hand in hand with clients, getting to know and understand how his clients’ injuries impact not only their lives, but the lives of their families. Mr. Lavelle’s extra effort has helped him be so successful in winning multi-million-dollar verdicts, awards, and settlements for his clients. Call us to help you with car accident, auto accident recovery, motor vehicle accident recovery in San Diego or California.