Attorney-Client Privilege in a California Personal Injury Case

In the event of a car accident, slip and fall accident, or any other accident of similar nature, it is a good idea to retain the services of a California personal injury attorney. Being represented by an attorney will also increase your likelihood of a favorable verdict. Your personal injury lawyer is able to handle all negotiations with insurance companies and the defaulting party. This means you do not need to devote as much time to your California personal injury case.

Many of the clients we serve in our firm have a primary concern relating to attorney-client privilege along with the legal framework connected with it. They might want to learn more about such privileges and whether it applies to them.

There is a privilege established under Evidence Code 954 that protects attorney-client communications. This law provides that:

  • There is no requirement that a client disclose any of the confidential communications that take place between them and their lawyer during the lawyer’s relationship with the client; and
  • Likewise, a client can request that the lawyer (or another third party) not disclose such confidential information.

What Is Lawyer-Client Privilege?

Maintaining attorney-client privilege means ensuring all communications between a lawyer and client remain confidential. Your lawyer cannot reveal communications to a third party. The opposite party in a case cannot force your lawyer to reveal any information you have given them by a subpoena or by court order. In addition to the privilege during the case, if the client changes lawyers or the client dies, the attorney-client privilege remains intact.

When Does the Attorney-Client Privilege Begin?

In a California personal injury case, the attorney-client privilege is established from the second you partner up with any lawyer to represent you in court. Anything that you say in confidence to your lawyer remains protected by attorney-client privilege, even in the cases where you have not actually met your attorney. You are invited to contact us free of charge for a consultation regarding your case. Such communication is privileged between the attorney and client, regardless of your decision to work with us.

What Are Examples of Attorney-Client Privilege?

Every type of communication – including emails, phone calls, texts, and letters – is covered by the attorney-client privilege. These communications may not be disclosed or made available to anyone except members of the client’s legal team. Furthermore, communication is necessary between the client and the paralegals, legal secretaries, and other members of the legal team.

What Is Not Covered by Lawyer-Client Privilege?

A personal injury lawyer can alert law enforcement if a client asserts that they intend to commit a crime or act of fraud in the future. Most states allow or require an attorney to disclose information that will prevent serious injury or death. Your personal injury lawyer can discuss the details of past crimes and frauds with you in confidence since past acts fall under attorney-client privilege.

Lawyer-client privilege exists to protect the confidentiality of an open case. However, those concerned with lawyer-client privilege should clarify confidentiality with their attorney before disclosing anything else on their mind.

Benefits of Lawyer-Client Privilege in Personal Injury Cases:

Your lawyer is able to better comprehend and navigate your case when they are fully aware of all the details of your accident or injury case. Attorney-client privilege has a large scope and covers everything that you communicate with your lawyer. As a result, you can share information with your lawyer that you consider to be potentially damaging.

You Might Be Eligible for a California Personal Injury Case:

Investing in the work of a personal injury lawyer is a wise move. This is because it can improve the outcome of your California personal injury case and relieve some of the stress and burden of dealing with the legal and insurance process. There are no upfront costs when you hire our personal injury lawyer. The Crockett Law Group handles personal injury cases on a contingency fee basis. Unless we win, you do not have to pay anything.

Request a free consultation by contacting our firm at (800) 900-9393 today.

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