One of the bedrock concepts of the American legal system is attorney-client privilege. It also happens to be one of the most misunderstood parts of our legal system. In this article we'll discuss when attorney-client privilege applies, what it does, and why it's so important for clients. Before we do that, let's start with the most fundamental question: What is attorney-client privilege?

Answer: Attorney-client privilege is the rule that prevents attorneys from discussing or courts from compelling attorneys to discuss conversations with a client that pertain to a legal matter. Put another way, attorney-client privilege ensures that everything (with rare exceptions) that a client tells their attorney stays secret.

Why Does Attorney Client Privilege Exist in the First Place?

Conversations between attorneys and their clients are considered sacred. For hundreds of years, courts have recognized that it's extremely important for lawyers and their clients to be able to speak freely with each other without fear that their communications will become part of the public record. This is not because attorneys are special, but because clients should be allowed to get the full benefit of their attorney's counsel.

A common example is in the criminal law context: the client should feel free to admit to his attorney that, yes, he did commit the crime. Why? So the attorney will know what he's dealing with an can advise the client accordingly.

There's an obvious tension present in this: since lawsuits are ultimately about discovering the truth, and we're suppressing it when it comes to legal communications. But courts decided long ago that the tie goes to the client's need to have the most clear and complete advice from his lawyer.

How Does Attorney-Client Privilege Work?

Just like any other right you have, it isn't automatically enforced. In the discovery process, the opposing side will invariably asks for emails, text messages, and communications about your injury. Naturally, you will have some materials in your possession like this that are communications with your attorney. Any attorney should be willing to go to the courthouse and argue to a judge that the other side is not entitled to any attorney-client information. You might be surprised how many attorneys don't even bother to do this.

Another reason why your attorney needs to protect the communications with him is similar to what we discussed above. You and your attorney should have full and open communications about your case. YOU should be allowed to tell your lawyer "bad facts" about your case so that your attorney can work to mitigate them. Let's use a car accident scenario, where you are 100% sure that the other drive was at fault but you also know that you'd had a drink in the hours prior to the incident. If you try to hide that from your lawyer, then your lawyer can't advise you on how best to answer the inevitable questions you'll receive in the litigation process.

Your conversation would go like this:

• Client: "I haven't told you this, but I had a beer that night. I'm afraid I was drunk."
  
• Attorney: "That's ok. But if the beer was a normal beer, then there's effectively no way you were intoxicated. If asked by the other lawyer whether you were drunk, I think you should say 'no.'"
  
• Client: "Great! So, since I told you that I had a beer, now I don't have to tell the other lawyer that if he asks me in court, right?"
  
• Attorney: "Not exactly. We can't hide facts. If you're asked if you had any alcohol that evening, you MUST tell them that you had a beer. However, you don't have to tell them about this conversation."
  

After this, a thorough attorney could prepare for the defense that his client had had one beer by hiring a toxicologist or putting on some scientific research that shows how one drink does not truly impact a person's reaction time. Further, now the client feels better because he has good advice about how to testify. But notice, just because you told your attorney something, that doesn't make it necessarily protected information.

How Attorney-Client Privilege Works for You

Contrary to what you may believe, Texas law doesn't require a person to be blameless for their accident in order to recover damages, they just have to be less responsible than other parties. In our experience, people are generally reluctant to share potentially damaging information with their attorneys for fear of messing up their case. Attorney-client privilege is there to prevent this issue.

It gives clients the peace of mind to know that they can speak freely with their attorney, and there is no way those conversations will hurt their case. In a sense, attorney-client privilege is all reward and no risk. No one can find out what you discussed with your attorney, which means any issues you raise will permit your attorney to present your case in the best possible way.

The Personal Injury Attorneys At Grossman Law Offices Can Help.

If you need advice from an attorney on your personal injury case, call the experienced attorneys at Grossman Law Offices in Dallas, TX at (855) 326-0000 for a confidential conversation. We're here for you, 24/7.