Attorney-Client Privilege in a Personal Injury Case

Attorney-client privilege in a personal injury case. Attorney-client privilege is an important legal principle
that is particularly relevant in the context of personal injury cases. At Burger Law, our
St. Louis personal injury lawyers are dedicated to providing fierce and ethical legal
advocacy for those injured by another person’s negligence. That includes not just defending confidential
information, but defending your rights in a court of law so you get the full compensation you deserve. Read on to
see how attorney-client privilege works and what it means for you. If you’ve been injured because someone else broke
the rules, call us at (314) 500-HURT or contact us online for a free consultation.
With offices in St. Louis, Chicago and elsewhere, our personal injury attorneys serve the injured through Missouri
and Illinois.

What is Attorney-Client Privilege?

Attorney-client privilege is a legal principle that protects the confidentiality of communications between an
attorney and their client. Essentially, it means that the information shared between you and your attorney is
privileged and cannot be disclosed to others without your permission. This principle is designed to promote trust
between you and your lawyer, and allow you to share information that will help your lawyer develop the best legal
strategy for your case. It also allows you to be completely honest about your case without having to worry about
damaging your case.

Does Attorney-Client Privilege Cover a Free Consultation?

Yes. Many people who need to make a personal injury claim are nervous about being 100 percent truthful because they
don’t want to share personal information or risk the merits of their case. However, you do not need to have signed a
contract in order for your consultation to be covered by attorney-client privilege. If the purpose of meeting the
attorney was to seek legal help, the attorney agrees to meet you as a professional and the attorney doesn’t
explicitly say that what you share is not protected, than your consultation will still fall under the scope
of attorney-client privilege.

How Does Attorney-Client Privilege Work?

Attorney-client privilege applies to any communication made between you and your attorney for the purpose of seeking
or providing legal advice. This can include oral or written communications, and can apply to any type of legal
matter, including personal injury cases.

Some key elements of attorney-client privilege include:

• Confidentiality — Attorney-client privilege requires that the communication between you and your
  attorney be kept confidential. This means that the attorney cannot disclose the information to anyone else
  without your permission, except in certain limited circumstances (such as when the attorney is required by law
  to report suspected child abuse).
• Protection — Attorney-client privilege is protected by law, which means that courts will generally
  uphold the privilege and not require the attorney to disclose the information in question. This is invaluable if
  your case needs to go to trial.
• Limitations — There are some limits to attorney-client privilege, such as when the client makes
  statements to their attorney that are intended to further a crime or fraud, or when the attorney-client
  communication involves discussions of ongoing or future criminal activity.

What Types of Information Does Attorney-Client Privilege Protect?

In the context of a personal injury case, attorney-client privilege would protect communications between you and your
attorney from being disclosed to others. This might include:

• Conversations about the details of the accident — You may share details about how the accident
  occurred, who was involved, your mental state at the time and what injuries you sustained. This is important
  because insurance adjusters often try to distort seemingly insignificant statements to try to avoid liability.
  Attorney-client privilege allows your personal injury lawyer to stick to only the relevant facts in a case.
• Medical treatment and prognosis — You may discuss your medical treatment and prognosis with your
  attorney, including details about surgeries, physical therapy and other medical procedures. It also covers your
  past medical history in case the insurance company tries to blame your damages on pre-existing injuries.
• Income and debts — If your injury exacerbated an already stressful financial situation, the
  insurance company may say you are just interested in money or use it against you to get you to accept a quick
  settlement. Attorney-client privilege ensures that the focal point of negotiations remains on the accident, not
  on you.

The more your personal injury lawyer knows about your case, the more they’ll be able to help you achieve a favorable
outcome. With a thorough understanding of the strengths and weaknesses of your case, they’ll know how to present the
case to an insurance adjuster.

Practical Tips for Protecting Attorney-Client Privilege in Personal Injury Cases

If you’re involved in a personal injury case and want to ensure that your communications with your attorney are
protected by attorney-client privilege, here are some practical tips to keep in mind:

• Be clear about the purpose of your communication — To be protected by attorney-client privilege,
  the communication must be made for the purpose of seeking or providing legal advice. Make sure that you’re clear
  about the purpose of your communication with your attorney so that it’s clear that the communication is
  privileged. They should tell you if the communication isn’t protected, but it’s OK to ask them just to be sure.
• Keep your communication confidential — To maintain attorney-client privilege, you must keep the
  communication between you and your attorney confidential. Don’t discuss the communication with others, and make
  sure that you’re communicating with your attorney in a private setting where others don’t have access. That can
  be a room with no one else in it, your phone or your personal email account.
• Understand the limits of attorney-client privilege — While attorney-client privilege is an
  important protection, it does have its limitations. Be aware of these limitations and work with your attorney to
  ensure that your communications are protected to the fullest extent possible under the law. Attorney-client
  privilege does not apply if:
  • You tell your attorney you intend to commit a crime
  • You tell your attorney that you’ve committed fraud in your personal injury claim
  • You waive the privilege for a specific person or specific legal strategy.

Privilege may also be waived if the attorney attests that they never represented you or gave professional legal
advice, so it’s important for both sides to be 100 percent honest and have open lines of communication.

Missouri and Illinois Personal Injury Lawyers | Burger Law

If you’ve been injured by someone else’s careless or reckless actions, there’s no substitute for expert and
experienced legal counsel. At Burger Law, we play by the rules so we can hold others accountable for breaking the
rules. If you need a St. Louis-based personal injury law firm that stands up to bullies and fights for justice, call
Burger Law today at (314) 500-HURT or fill out our online contact form.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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