Hall Law Personal Injury Attorneys 825 Nicollet Mall, Suite 615 Minneapolis, MN 55402 personal injury and car accident lawyer in Minneapolis

Breaking Down Attorney-Client Privilege: What it Means and How it Can Affect Your Case

Breaking Down Attorney-Client Privilege: What it Means and How it Can Affect Your Case

Suppose you were injured in an accident or other incident in Minnesota. You could be entitled to a personal injury settlement for your economic and non-economic damages. In other words, the at-fault driver in a car accident might be responsible for your medical bills, lost wages, and other financial losses. They might also be liable for the emotional distress, pain, and suffering you experienced because of the accident.

The best way to understand your rights is to speak with a Minneapolis injury lawyer. However, disclosing personal or sensitive information to a stranger might be uncomfortable. How can you feel comfortable and confident when discussing your situation with an attorney? Understanding the purpose of attorney-client privilege and how it affects your case might help.

What Is Privilege in a Minneapolis Personal Injury Case?

When referring to evidence in a personal injury case, privilege refers to whether the information is subject to discovery or disclosure. In other words, can someone be forced to reveal information or evidence? When information is privileged, you cannot be forced to disclose the information to other parties or in court without a valid legal reason.

Attorney-client privilege protects confidential information disclosed between a client and their lawyer. Your attorney cannot be forced to tell privileged information in court, during discovery, or in a deposition. The privilege belongs to the client. Therefore, an attorney cannot waive privilege, but you, as the client, could. It is important to understand that exceptions to privilege exist in some situations. Therefore, a court could compel an attorney or other party to disclose privileged information in specific circumstances.

Minnesota Rules of Professional Conduct for Attorney-Client Privilege

Rule 1.6 of the Minnesota Rules of Professional Conduct explains the confidentiality of information. The rule states that an attorney cannot knowingly reveal information related to representing a client except under certain circumstances. The 11 exceptions to attorney-client privilege listed in the rule are:

  • You provide informed consent to your attorney, allowing them to disclose the information.
  • The information is not protected by attorney-client privilege, you have not requested that the information remain private, and the attorney does not believe disclosing the information would be detrimental or embarrassing to you.
  • Your attorney reasonably believes that disclosing the information is implied for them to represent you.
  • Your lawyer believes they need to disclose the information to remedy the consequences of your fraudulent or criminal acts if you used the attorney’s services in furtherance of these acts.
  • Your attorney believes disclosing information is necessary to prevent reasonably certain injury or death to someone.
  • Your lawyer believes they must disclose the information to obtain legal advice about their compliance with these rules.
  • Your attorney believes they must disclose the information to present a defense in a conflict between you and your attorney, defend themselves in an action based on your conduct, or respond to your allegations about the representation you received.
  • Your lawyer believes they must disclose the information to comply with other laws or a court order.
  • Your attorney believes they need to disclose the information to report another attorney’s violation of the Rules of Professional Conduct.
  • Your lawyer believes disclosure is necessary to determine or resolve a conflict of interest.

Attorneys must make reasonable efforts to prevent the unauthorized or accidental disclosure of privileged information. These requirements and the duty of care promote trust between attorneys and clients, encouraging clients to communicate with their lawyers openly and honestly.

What Are the Requirements for Attorney-Client Privilege to Apply to Communications Between a Lawyer and a Client?

Generally, you must have an attorney-client relationship for your discussions with a lawyer to be privileged. Conditions that must be met to create privilege are:

  • The disclosures and communication occurred between you and an attorney;
  • The purpose of disclosing the information or communicating with the attorney was to obtain legal advice about a matter;
  • The attorney was performing services within their professional role when you disclosed confidential information to them; and,
  • You reasonably expected that the attorney would keep the information you disclosed confidential.

Attorney-client relationships are created when you pay a retainer fee and hire a personal injury lawyer to represent you legally. Privilege attaches because of the attorney-client relationship. However, an argument may be made for privilege during a free consultation.

During a free consultation, the same criteria may apply. You are disclosing information that you believe is confidential to obtain legal advice from someone acting within their professional capacity. If you are concerned about whether information disclosed during a free consultation is confidential, discuss your concerns with the attorney before discussing sensitive information. The attorney can address your concerns before you proceed with the consultation.

Minneapolis Personal Injury Cases and Attorney-Client Privilege

Even though most people think about attorney-client privilege in relation to criminal cases, it is also important in civil cases. Attorney-client privilege encourages clients to be honest with their attorneys. An attorney cannot effectively represent you in a personal injury case if they do not have all the information related to your case.

Examples of information you should tell your personal injury attorney immediately include, but are not limited to:

  • Prior accidents you have been involved in before this accident
  • Pre-existing medical conditions and injuries
  • All personal injury cases and insurance claims filed in the past
  • Convictions and arrests for criminal offenses
  • Whether you could be partially to blame for the cause of your accident or injury
  • All symptoms you experience because of your injuries, including embarrassing symptoms such as the inability to engage in intimate relations with your partner

This information could impact the strategy used by your attorney to build a solid case for liability. It could also impact the value of your damages in a personal injury case. Withholding information from your attorney could hurt your personal injury case.

Contact the Minnesota Personal Injury Law Firm of Hall Law Personal Injury Attorneys For Help Today

For more information, please contact an experienced personal injury lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.

We proudly serve Hennepin County, Stearns County, and its surrounding areas:

Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402

(800) 292-1979

Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521

Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301

(320) 255-1000

Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956

Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424

(952) 697-5560

Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198

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