Attorney-Client Privilege
Definition
Attorney-client privilege is a legal protection that keeps communications between a client and their attorney confidential. Under Texas Rule of Evidence 503, confidential communications made for the purpose of obtaining legal advice cannot be disclosed without the client’s consent. This privilege belongs to the client, who alone can waive it, and it continues even after the attorney-client relationship ends.
How It’s Used in Personal Injury Cases
Attorney-client privilege protects all confidential discussions between you and your personal injury lawyer. You can share sensitive information—including facts that might hurt your case—knowing it cannot be disclosed to the insurance company or used against you. This protection allows your attorney to provide the best possible advice and representation because they have complete information about your case. Insurance companies cannot force disclosure of these communications through discovery.
Practical Example
After his accident, Thomas told his attorney about a previous back injury he was worried might complicate his claim. This conversation is protected by attorney-client privilege—the insurance company’s lawyer cannot ask about it during Thomas’s deposition, and his attorney cannot be compelled to reveal what Thomas said. This protection allowed Thomas to be completely honest with his lawyer, enabling effective case strategy and advice.
Why It Matters to Your Case
Attorney-client privilege creates a zone of trust where you can share everything with your lawyer without fear. Your attorney needs complete information to represent you effectively, anticipate problems, and develop winning strategies. Without this protection, clients might withhold important information, ultimately harming their own cases. Remember that privilege only covers communications with your attorney—not the underlying facts themselves.
Key Takeaway
Attorney-client privilege keeps your communications with your lawyer confidential—this protection enables complete honesty and effective legal representation.