If another party’s negligent or intentional acts caused your injuries, you may be entitled to economic and non-economic damages. However, you have the burden of proving the legal elements of a personal injury claim before the party is held liable for your damages. Hiring a Dallas personal injury lawyer can be beneficial. Attorneys understand the law and how to gather evidence to build a solid case.
However, you may be concerned about what you tell your attorney. What prevents your attorney from discussing the details of your case with someone else? Attorney-client privilege protects communications between lawyers and their clients.
What Is Privileged Information?
Privilege applies to specific types of evidence and information in a legal matter. You are not required to testify about privileged information or disclose privileged documents unless the court decides to break attorney-client privilege, which happens only in certain circumstances.
The Texas Rules of Evidence list the types of privilege that might be claimed. Examples include:
- Attorney-client privilege
- Spousal privilege
- Physician-patient privilege
- Clergy member privilege
- Mental health information privilege
- Trade secret privilege
- Political voting privilege
Attorney-client privilege protects the conversations you have with your lawyer. Neither you nor your attorney can be compelled to disclose the information you discussed. There are only a few exceptions to attorney-client privilege.
How Does Privilege Impact a Personal Injury Case in Texas?
Personal injury claims seek compensation for economic and non-economic damages when another party causes an accident or injury. Attorney-client privilege attaches to all types of personal injury cases including, but not limited to:
- Car accidents
- Bicycle accidents
- Dog bites
- Construction accidents
- Motorcycle accidents
- Catastrophic injuries
- Slip and falls
- Medical malpractice
- Premises liability
- Truck accidents
- Wrongful death
- Product liability
- Workplace accidents
- Pedestrian accidents
When you talk with your lawyer about your case, your conversations are protected by attorney-client privilege. You can speak with confidence, knowing that what you say is private. Attorney-client privilege encourages clients to be open and honest with their lawyers.
For example, if you believe you could be partially to blame for causing your injury, you must tell your lawyer as soon as possible. Texas comparative fault laws could impact the outcome of your case. If your attorney knows why you believe you could be at fault, they can prepare a defense to the allegations.
Another example of something your attorney needs to know about is pre-existing conditions and prior injuries and accidents. The insurance company may claim that your injuries are the result of a pre-existing condition. When you tell your attorney about prior injuries or medical conditions, they can begin preparing a defense to the company’s allegations.
Tell your personal injury lawyer about all factors that could impact your case. The last place an attorney should learn about something you know is during settlement negotiations or at trial.
What Makes a Conversation With Your Attorney Privileged?
Generally, privilege is based on an attorney-client relationship. A casual conversation between an attorney and another person may not meet the criteria for privilege. The requirements to establish an attorney-client relationship for privilege are:
- The communication was between the attorney and the client.
- The client gave the attorney information to obtain legal counsel.
- The lawyer was acting within their capacity as a legal professional when the client told them the information.
- The client reasonably believed the information they told the attorney would be kept confidential.
If you are worried about whether the information you discuss with an attorney is privileged, ask the attorney about privilege before discussing the information. An attorney will explain your rights and under what circumstances privilege applies.
Are There Exceptions to Attorney-Client Privilege in Texas?
It is important to understand that privilege is not a blanket protection. There are some instances when privilege will not apply to conversations with your attorney. Those exceptions include:
Statements Made in Public
The information must be disclosed to the attorney in private. Statements made in public are unlikely to be privileged. For example, a conversation between you and your attorney during lunch at a restaurant may not be privileged because other people may hear the conversation.
Waiver by Client
Privilege belongs to the client. Therefore, you can waive privilege. Sometimes, it is necessary for the success of your case for attorneys to disclose privileged information.
Preventing Bodily Harm and Fraud
An attorney may disclose privileged information if a client asks for legal advice to help them injure someone or commit fraud. Discussions about the crime are privileged if the client already committed the crime.
Disputes Between Lawyers and Clients
A lawyer can break privilege to defend themselves against complaints made by their clients. Using privilege to prevent an attorney from forming a defense would be unfair to the attorney.
Claims Against a Client’s Probate Estate
If heirs challenge a will or file a dispute in the probate court, privilege may not apply. The attorney may be allowed to testify about privileged information related to the dispute.
Joint Representation
An attorney may represent two or more clients regarding the same legal matter. If a dispute arises between the clients, privilege may be waived for information related to the dispute.
Contact the Dallas Personal Injury Law Firm of Bush Personal Injury and Car Accident Lawyers LLC Today For Help
For more information, please contact the Dallas personal injury law firm of Bush Personal Injury and Car Accident Lawyers to schedule a free consultation today.
Our office is conveniently located in Dallas, near the Dallas Downtown Historic District. We serve statewide throughout Texas.
Bush Personal Injury and Car Accident Lawyers LLC
701 Commerce Street, Suite 703
Dallas, TX 75202
(214) 615-6394