Texas personal injury attorneys help individuals and families seek compensation when they are injured in an accident or because of another party’s wrongdoing. You could be entitled to economic damages to compensate you for your loss of earnings, property damage, out-of-pocket expenses, and medical bills. You may also receive non-economic damages to compensate you for your emotional distress, pain, and suffering.
However, seeking compensation for a personal injury claim can be challenging. Insurance companies and the parties who caused your injuries may be unwilling to pay you the full value of your damages. It can help to hire a Midland personal injury lawyer to represent you.
When you hire an attorney, the attorney-client privilege protects the information you discuss with your lawyer. In some instances, it can affect your case.
What Is Privilege and How Does It Apply in a Legal Case?
Privilege is the legal protection of evidence and information in a legal matter. A party cannot be forced to disclose privileged information and documents. They cannot be compelled to disclose privileged information during testimony in court or a deposition. The court must have a valid legal reason to compel someone to disclose privileged information.
Attorney-client privilege protects the communication between a client and their lawyer. Neither you nor your attorney can be compelled to disclose information you discuss in private. However, the privilege is yours, so you can waive privilege. In some cases, you might waive privilege to allow your attorney to disclose information pertinent to winning your personal injury case.
For example, suppose that you disclosed to your lawyer that your car accident injuries prevented you from having intimate relations with your spouse. This information is relevant to establishing your non-economic damages. It is also relevant to a loss of consortium claim for your spouse. Therefore, you may waive privilege to allow your attorney to disclose the information when preparing a settlement demand.
Texas Rules of Evidence for Attorney-Client Privilege
The Texas Rules of Evidence describe several types of privilege, including:
- Attorney-client privilege
- Spousal privilege
- Clergy member privilege
- Political vote privilege
- Trade secrets privilege
- Physician-patient privilege
- Mental health information privilege
Rule 503 grants lawyer-client privilege to communications between the lawyer and the client and the representatives of the client and lawyer. The matter must be to facilitate the rendition of legal services.
When Does Attorney-Client Privilege Attach to Information Disclosed by a Client to Their Lawyer?
Generally, an attorney-client relationship must exist for privilege to apply. The conditions for an attorney-client relationship are:
- The disclosures and communication occurred between an attorney and client.
- The client disclosed the information to the attorney to obtain legal advice from them.
- The attorney acted within their capacity as a professional when the client disclosed the information to them.
- The client had a reasonable belief that the attorney would keep the information confidential.
Paying an attorney a retainer fee and signing a retainer agreement creates an attorney-client relationship. However, an argument could be made that a free consultation also creates a relationship. A free consultation meets all the above criteria for privilege.
If you are worried about disclosing information during a consultation with an attorney, talk with your lawyer about privilege and confidentiality before disclosing any information. Your attorney will explain your rights and whether the consultation is privileged.
What Are the Exceptions to Attorney-Client Privilege in Texas?
There are several exceptions to attorney-client privilege, including:
Waiver by Client
The client can waive privilege so that privileged information can be disclosed. However, the attorney cannot waive privilege.
Joint Representation
If an attorney represents two or more clients in the same case, privilege will not apply if the clients have a dispute. For example, one client could not use privilege to gain an advantage over the other client in a lawsuit between the parties.
Disputes Related to a Client’s Estate
If a client dies and an heir files a dispute or lawsuit in probate court, the information you disclosed to an attorney may not be privileged. Your lawyer may testify regarding information that applies to the disputed matter.
Prevention of Fraud or Bodily Harm
Lawyers can break attorney-client privilege if a client seeks legal advice to commit fraud or injure someone. However, privilege applies if a client discusses a crime they have already committed.
Disputes Between Clients and Lawyers
If you and your attorney have a dispute regarding their services or legal fees, you cannot use privilege to prevent the attorney from defending themselves. The court will likely allow the attorney to testify regarding the disputed matter.
Public Statements
For information to be privileged, it must be confidential. If you disclose information in a public setting or make a public statement revealing the information, privilege is unlikely to apply.
Attorney-Client Privilege Is Important in a Legal Case in Texas
Attorney-client privilege encourages clients to disclose information to their lawyers. An attorney cannot provide effective representation if they do not know all the information the client knows. The last place an attorney wants to learn important information about the case is during settlement negotiations or trial.
Therefore, disclose all information to your personal injury attorney. For instance, tell your attorney if you have a pre-existing condition or prior accidents. Your Midland personal injury lawyer can proactively address the matter instead of reacting to it when the insurance company uses your pre-existing condition to fight your injury claim.
Contact the Undefeated Houston Personal Injury Lawyers from Zehl & Associates Injury & Accident Lawyers for Help Today
For more information, please contact our Undefeated personal injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
29.73890263937774, -95.4612824423294
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
31.99827039117601, -102.07752974593966
Open 24 hours