Just like psychotherapists are bound to uphold confidentiality with their patients, attorneys are similarly prohibited from sharing client information without the client’s consent. In wrongful death and personal injury cases, plaintiffs and defendants’ written and oral communications with their attorneys are protected by law.
For example, let’s say you admit to your attorney that you committed the crime leading to someone else’s injuries. Your attorney is bound to attorney-client privilege and cannot use that information against you in court. You have control over whether any confidential information you share with your lawyer is disclosed during legal proceedings to ensure clients can speak freely and receive the best possible representation.
What Is Attorney-Client Privilege?
According to the State Bar of California’s Rule 1.6, a lawyer cannot reveal information protected from disclosure without the client’s informed consent. However, if the attorney reasonably believes that disclosing the information is necessary to prevent a crime that is likely to result in death or bodily harm, the lawyer is legally permitted, though not obligated, to do so.
Attorney-client privilege exists in personal injury cases to ensure that clients can openly share all relevant information with their attorneys without fear that it will be disclosed in court. This confidentiality encourages full transparency, which is crucial for the (Los Angeles) injury attorney to provide effective representation.
This privilege helps build trust between the client and attorney, allowing the lawyer to fully understand the facts of the case and develop a strong personal injury claim. This protection ensures that clients receive the best possible defense.
Exemptions To Attorney-Client Privilege
Under California law, there are specific exemptions to attorney-client privilege similar to the confidentiality rules that govern psychotherapists. The attorney is not obligated to protect confidentiality in the following situations:
Furtherance of Crime or Fraud
Attorney-client privilege does not apply if the client communicates with the attorney that they are planning or furthering a crime or fraud. In such cases, the attorney is expected to make a reasonable effort to dissuade the client from following through with the criminal act or causing harm before disclosure.
Imminent Death or Harm
Although the attorney can take the urgency of the victim’s harm into account, California law allows the disclosure of confidential information if there is a risk of substantial harm, even if the harm is not imminent. The attorney is not required to wait until the threat is immediate; they may disclose the information to prevent potential harm.
When To Waive Attorney-Client Privilege
In a Los Angeles personal injury case, the client holds the power to waive attorney-client privilege. This waiver can occur when the client voluntarily discloses private information to a third party or agrees to the disclosure by the attorney or others.
Waiving the privilege should be done with careful consideration, weighing the potential consequences, as it can significantly impact your case. Once waived, the protection of confidentiality is lost, and the disclosed information may be used in court.
Consult with the Best Personal Injury Lawyer (Los Angeles)
Understanding attorney-client privilege empowers clients to take control of their personal injury claim and determine the degree of transparency they are comfortable establishing with their lawyer. Our Los Angeles personal injury law firm stays up to date on California law to guide clients in the right direction.
John J. Perlstein has over 25 years of experience securing fair and just outcomes in personal injury and wrongful death cases. He will ensure accurate compensation for victims of personal injury accidents and clearance for those wrongly accused. Call (213) 583-5786 or fill out the form for a free consultation with the best personal injury lawyer (Los Angeles) regarding your case.