Sharing information with your lawyer is critical to getting the best representation. Clients should be able to share information openly and honestly without fear that their information will be disclosed to others.
Thankfully, the attorney-client privilege protects most of these communications. Keep reading below to learn what the privilege is and how it can affect your Seattle, Washington, personal injury claim.
What Is Attorney-Client Privilege?
Attorney-client privilege is one of the oldest privileges recognized in the legal profession. It is a rule of evidence that prevents your lawyer from being forced to testify about information you disclosed to them. The privilege only applies to communications about your case, but it covers both spoken and written communications.
In some situations, gestures might even be classified as protected communications. For example, if your lawyer asks you a question and you nod your head, that head nod could be considered protected communication.
Elements of Attorney-Client Privilege
There are a few legal elements that must be met for the privilege to apply. Those include:
- You were seeking legal advice from the lawyer in their professional capacity.
- You were acting under the assumption of confidentiality.
- You took reasonable steps to maintain that confidentiality.
If these legal elements are met, then your communications are likely to be privileged. However, there are some exceptions to the rule. Keep reading below to learn more about those.
When Does the Attorney-Client Privilege Start?
The attorney-client privilege does not begin until an attorney-client relationship exists. This relationship can be established in several different ways. Sometimes the relationship is clear-cut. At other times, it may be more of a gray area.
For instance, if you have signed a representation agreement, then the relationship clearly exists. However, an attorney-client relationship might not exist if you are simply talking to a lawyer during a free consultation. If you have any questions about whether your communications are protected, you should always ask the lawyer for clarification.
Exceptions to the Attorney-Client Privilege
While communications with your lawyer are generally protected in Washington, there are some exceptions. In fact, there are a few cases in which the lawyer must disclose certain information.
Some common exceptions to the privilege are:
Waiver
If you decide to waive the privilege, you may do so. However, you and only you can waive the privilege. This is because you own the privilege, and it is intended to protect you. No one else, including your lawyer, can choose whether or not to waive your right to protected communications.
Implied Waiver
Your lawyer has an implied right to share information with other members of their firm. The information may only be shared to help further your representation. If you do not want your information shared with other lawyers at the firm, you must notify your lawyer of your wishes.
Death of Client
Generally, a lawyer must continue to keep a client’s secrets even after the client’s death. However, there are a few special circumstances where an exception may apply. One of those is when the lawyer helped the client prepare a will or other estate documents.
If questions about the client’s intent arise after their death, the lawyer may testify to help clarify ambiguous sections of the documents.
Corporate Attorney
Corporate attorneys represent the corporation as a distinct legal entity—not its individual officers, directors, or employees. While corporations are created by law, they are considered legal persons for the purposes of representation.
Corporate attorneys owe a duty of confidentiality to the corporation itself. However, they do not owe this duty to individual constituents unless an attorney-client relationship has been clearly established with those individuals.
Prevention of Future Crime
Attorneys may be required to disclose confidential information if a client reveals an intent to commit a future crime or fraud. In such cases, the lawyer has a duty to take reasonable steps to prevent the wrongful act.
Any disclosure must be narrowly tailored—limited to the extent necessary to mitigate or prevent the anticipated criminal conduct.
Physical Evidence
The attorney-client privilege only applies to communications with your lawyer. It does not apply to physical evidence. You may not hand over physical evidence to your lawyer in an effort to avoid it being discovered or used against you.
Other Parties Present
If you do not treat your communications as confidential, you may inadvertently waive your privilege. For instance, if you share confidential information while other parties are present, this can waive the privilege.
If others are present, you should wait until they leave the room before sharing the information with your lawyer.
Common Interest
In some situations, an attorney may provide joint representation to two clients. In that case, one client may not assert the attorney-client privilege to gain an advantage over the other. If the parties become adverse to each other, the attorney should consider ending the representation with one client.
Penalties for Breaking Attorney-Client Privilege
Breaking the attorney-client privilege can have some serious consequences. First, it can break a client’s trust. Additionally, a lawyer may face legal consequences, including:
- State bar discipline
- Sanctions, such as public reprimand, suspension, or disbarment
- Contempt of court charges
- Fines or jail time
To help maximize your chances of success with your personal injury claim, you should be able to openly share all relevant information with your lawyer.
Contact a Personal Injury Lawyer for a Confidential Consultation
If you’ve been injured and need legal guidance, don’t hesitate to speak with an experienced Seattle personal injury attorney. The team at Darrell Cochran Personal Injury Lawyer takes attorney-client privilege seriously.
For more information, contact an experienced personal injury lawyer at Darrell Cochran Personal Injury Lawyer to schedule a free initial consultation. We have convenient locations in Seattle and Tacoma, Washington.
Darrell Cochran Personal Injury Lawyer – Seattle
701 5th Ave Suite 4300A, Seattle, WA 98104
(253) 948-0250
Darrell Cochran Personal Injury Lawyer – Tacoma
909 A St Ste 700A, Tacoma, WA 98402
(253) 264-0225