It is common for people to perceive the relationship between their accident lawyer and themselves as a grey area. Dyal Jenkins Attorneys at Law want to avoid misunderstanding at all costs. Understanding the privileges, you have when it comes to the relationship between you and your accident lawyer is crucial to your peace of mind and the success of your case. The relationship between an accident lawyer and their client applies to a personal injury lawyer and car accident lawyer as well.
What is Attorney-Client Privilege?
There are certain things on the grounds of public policy under Georgia law that are excluded. Among these are communications between you and your personal injury attorney. Discussing sensitive information with a personal injury lawyer can seem stressful at first. Rest assured that the communication between you and your personal injury attorney is kept confidential under the attorney-client privilege. Under the security of the attorney-client privilege, you may speak frankly and openly to your accident lawyer, disclosing all relevant information to the accident lawyer and fostering a setting of privacy.
When Does Attorney-Client Privilege Start?
The privileged relationship between you and your accident lawyer begins the moment you seek legal advice from the personal injury attorney, regardless of whether you hire the personal injury attorney or not. Surprisingly, the privilege of privacy in the relationship between the client and a car accident lawyer or personal injury lawyer continues even after a client’s death!
What Does the Attorney-Client Privilege Cover?
For example, in the case of a car accident, the privilege between a client and car accident lawyer protects not only the client's communications to the car accident lawyer but also the advice the accident lawyer gives to the client.
The attorney-client privilege includes communications made by the client to the employees and agents of the personal injury attorney, to the extent that those employees or agents are acting in the course of their duties to assist the personal injury attorney in providing legal representation to the client. Simply, anyone involved in your case from the team of the accident lawyer is part of attorney-client privilege.
Only the communications between the personal injury lawyer and the client are protected. Things that are observable or known by others about the client are factual and are not considered “confidential” just because the client discusses it with the accident lawyer.
A client’s identity is not typically covered by the privilege unless there are circumstances that warrant the extension of the privilege. The Courtroom Handbook on Georgia Evidence explains that the crime/fraud exception to attorney-client privilege states: “If a client is using legal advice and services to further a criminal or fraudulent enterprise, the ‘privilege takes flight,’ regardless of whether the attorney is aware or ignorant of a client’s intentions or misuse of the attorney’s services.” This crime/fraud exception applies to a personal injury attorney or car accident lawyer as well.
Keep in mind, however, that although personal injury attorneys are at times consulted on nonlegal matters, only communications by a client seeking legal advice from the personal injury lawyer fall under the attorney-client privilege.
Other things to consider. . .
It is important to remember that the privilege belongs to the client, not the personal injury lawyer. Once a client asserts the attorney-client privilege, the accident lawyer cannot waive it; if the client waives the privilege, the accident lawyer cannot assert it.
At Dyal Jenkins, we take your privacy very seriously. We do NOT discuss your accident or other case with anyone who is not necessarily involved, and with whom we are not required or compelled to discuss your case. Rest assured, your accident or other business does not leave our office.
Dyal Jenkins Attorneys at Law are experienced in Georgia Law and are ready to give you the legal representation and personal attention you deserve. Make the first call the right call. Contact us today for a free consultation with a personal injury attorney!
2302 Parklake Drive NE, Ste 581
Atlanta GA, 30345
115 Heard St
Elberton, GA 30635
Atlanta Office: (404) 919-7297
Elberton Office: (706) 283-8240