ATTORNEY-CLIENT PRIVILEGE: SHARING YOUR IMPORTANT INFORMATION

You need to talk to a lawyer but you are worried about revealing personal or sensitive information to a stranger. Is that information protected? GENERALLY, YES!! It is called Attorney-Client Privilege.

The main idea is to encourage a complete and free flow of information between an individual and an attorney.

You must feel comfortable sharing with an attorney, even if you have not yet hired him or her, because that is the only way the attorney can give you a complete and fair evaluation of your case. Without all the information, it is just like going to a medical doctor and not telling them where it hurts.  It makes it impossible to accurately analyze your case if you do not share all that you know.

Many of us have heard of Attorney-Client privilege, but exactly what is it and how does it apply? As I practice Civil law, I will limit my discussion here to civil law. Criminal law has addition protections that should be examined if that applies in your situation.

First of all, again as it applies to civil law, the attorney-client privilege is actual law. Under the Texas Rules of Evidence, Rule 503 and the Federal Rules of Evidence, Rule 501, the communications between a person (even if not yet a client) and an attorney cannot be revealed to others by the attorney if:

 1. The communication is made for the purpose of obtaining legal advice (which seems to be very broad) and

2.  Was made to the attorney or his representative only and was intended to be a confidential communication in the case. 

Pretty simple really.  However, it sure causes lots of arguments.  I have been a part of cases where privilege played such a huge part because the privilege rule was used to protect valuable confidential business and legal information that could have hurt the client if made available to competitors.

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But what if the information is not business secrets?  The law still applies to protect information you share with your attorney.  To repeat, the attorney must, must, must have all available information or it is impossible to accurately evaluate your case.  Because, any legal action taken based on incorrect or withheld information could be fatal to your case.  I say could, but I really mean “will” be fatal to your case.  This is because incorrect or false information ALWAYS comes out in a legal battle. 

Also note, that the privilege rule protects information that you share with someone like the lawyer’s legal assistant as long as it meets 1. and 2. above.  This is to allow you to share information with that person just like you would their supervising attorney.  Often the assistant needs information to fill out forms or documents and you must feel free to share it.   It might also be that the attorney needs some important question answered but is unavailable at the moment you call.  You can feel free to give the answer to the assistant.  It is protected.

There are also types of evidence that are protected other than the information you share with an attorney.  For example, information shared with a spouse, clergy or medical doctor, as well as trade secrets, whistle blower identity, voter confidentiality and metal health records are also forms of information protected under Article Five of the Texas Rules of Evidence.  HIPPA is a federal law that protects a person’s medical information.

So, to sum up.  Information you share with an attorney or their assistant is protected by the attorney-client privilege both BEFORE and AFTER you hire that attorney.  And, very importantly, if you end up not hiring that attorney, all information you shared with them regarding your case is still and forever protected and that attorney can be sued if they reveal your privileged information without your permission. 

Bottom line?  You must share everything you know about your case and the law makes sure you can do so freely and without worry about revealing your sensitive information.  That’s the Attorney-Client Privilege.