Client Attorney Privilege | Talking About Your Case to Other People

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If you get injured in any type of accident, it’s only natural that you will feel compelled to talk about it. And that’s fine if you trust who you are talking to.  You need to limit those discussions to people you trust.

If you have a lawsuit, or are thinking of filing one, to recover against the person or company that caused your injury, do not to talk about the lawsuit with anyone other than your lawyers.  It’s fair to ask, "Why can’t I talk about it?"

Let me try to explain:

First, you don’t want anything used against you in court.  You’ve heard the phrase (hopefully just on TV or in the movies):  “Anything you say or do can and will be held against you in a court of law.”  That’s the warning suspects are told by when they are arrested.  The same sentiment applies in the civil realm.  Remember “anything you say” truly means anything.  Notice that the warning does include the following provisos:  “…provided that what was said is offered to the court within in the proper context.”

Second, you do not want to waive your privilege with your attorney.  Remember that discussions between you and your attorney are privileged and confidential. Meaning, no one is entitled to learn about what is said in these discussions. This even applies to any discussions you have with a potential attorney that you are considering hiring. If you tell others what you talk about with your attorney you just might waive your privilege to confidentiality.  Do not do that.

Additionally, you do not want your lawsuit to change the relationships to people you know.

The only time you would ever want to talk about something you and your attorney spoke of is if you believe that attorney breached his or her duty to you and you are speaking with a different attorney about the first attorney’s misconduct.   We’d like to think this is a rare event, but  we know that attorneys are capable of negligence and misconduct, and in the proper circumstances are a proper defendant when they’ve mishandled your case.

So here is the general rule of thumb: Don’t talk about your personal injury lawsuit with anyone except your lawyers.

To learn more, read this article that talks about the four main things you need to do to win your case.

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