Breaking Down Attorney-Client Privilege: What It Means and How It Can Affect Your Case
Clients should feel secure in sharing information with their attorney, knowing that the information will not be disclosed to anyone else. In fact, you need to be able to communicate openly and honestly with your lawyer. This allows your attorney to represent you to the best of their ability.
Thankfully, the attorney-client privilege protects most communications with your attorney. Keep reading below to learn what the privilege is in Texas, potential exceptions, and how it might affect your case.
What Is Attorney-Client Privilege?
The attorney-client privilege is a rule of evidence that prevents a lawyer from being forced to share confidential information. Attorney-client privilege generally prevents courts and other parties from compelling an attorney to disclose confidential communications with their client, including by testifying against the client.
When Does the Attorney-Client Privilege Apply?
In order to claim the attorney-client privilege, an attorney-client relationship must first exist. The specific time when this relationship is established can sometimes be a matter of debate. Consider a couple of examples.
In Texas, the privilege can apply once you consult a lawyer for the purpose of seeking legal advice—even if you do not ultimately hire that lawyer. A signed representation agreement is strong evidence of an attorney-client relationship, but it is not always required.
Additionally, you must:
- Seek legal advice from a lawyer
- Have an assumption of confidentiality
- Make reasonable attempts to maintain that confidentiality
If all of these criteria are met, then the attorney-client privilege applies to your situation. You can freely share confidential information with your lawyer without fear that it will be disclosed to others. Keep in mind that protected communications may also expand beyond spoken words.
Privileged communications can include oral and written statements (including emails, texts, and letters) made in confidence for the purpose of obtaining legal advice. In some situations, other confidential communications may also be protected.
Exceptions to the Attorney-Client Privilege
The attorney-client privilege is not absolute. There are several exceptions to the rule. In some cases, your lawyer might even be required to share confidential information.
Some of the most common exceptions are:
Waiver
You may choose to waive the attorney-client privilege if you wish. However, remember that only you can waive the privilege. Your attorney cannot decide to waive it for you.
Confidentiality Within the Firm
When you hire a law firm to represent you, your lawyer can share confidential information with other lawyers in the firm for the furtherance of your representation.
Death
In limited circumstances, your lawyer might be able to disclose confidential information after your death. This may occur in probate and estate situations in which the lawyer helped with your estate planning. If there are disputes after your death about your intentions, the lawyer may be allowed to testify about your intentions to resolve those disputes.
Physical Evidence
The privilege only applies to communications and does not apply to physical evidence. You cannot present your lawyer with physical evidence in hopes that it will no longer be discoverable.
Crime-Fraud Exception
Attorney-client privilege generally does not protect communications made for the purpose of committing, planning, or covering up a crime or fraud. In other words, a client cannot use a lawyer’s advice as a shield to carry out wrongdoing.
Joint-Client Communications
If one lawyer represents two or more clients in the same matter, their communications with that lawyer may be privileged against outsiders. However, if those clients later end up in a dispute against each other, the privilege generally cannot be used by one joint client to prevent the other from accessing those shared communications.
No Expectation of Privacy
In some situations, you might inadvertently waive your privilege. If you share confidential information with your lawyer when another person is present, this could be considered a waiver of the privilege. Additionally, if you speak so loudly that those outside the room can hear, you might also be waiving your privilege.
Call Benton Accident & Injury Lawyers for a Free Consultation With a Dallas Personal Injury Lawyer
If you have a personal injury claim, like a car accident or a slip and fall case, the attorney-client privilege is extremely important. It allows you to communicate openly with your lawyer. Your attorney can use the information you share to put together the best legal strategy for your case.
Call Benton Accident & Injury Lawyers to arrange a free consultation with a Dallas personal injury attorney.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
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