Attorney-client privilege
In plain English: attorney-client privilege protects confidential communications between you and your lawyer made to get legal advice. The other side can't force you or your lawyer to reveal them. In England and Wales it's called legal professional privilege, and in Canada solicitor-client privilege.
Why it matters in an injury claim
Your lawyer can only value your case properly if you are completely honest, including about old injuries, a drink earlier that day, or the fact you glanced at your phone. Privilege is what makes that safe. The insurer can't demand your emails to your lawyer, and your lawyer can't be made to testify about what you said.
What is protected and what isn't
- Protected: your emails, calls, meetings and messages with your lawyer and their staff about the case.
- Usually protected: documents prepared mainly for litigation, such as reports your lawyer commissions. UK and Canadian law call this litigation privilege; US law uses the related work-product doctrine.
- Not protected: the underlying facts. You can't hide how the crash happened just because you told your lawyer about it. If asked at a deposition, you must answer truthfully.
- Not protected: existing documents such as medical records or photos. Handing them to your lawyer doesn't make them secret.
- Not protected: conversations with the insurance adjuster, including your own insurer's adjuster in most situations.
How people accidentally waive it
Privilege belongs to you, and you can lose it by sharing privileged information with others. Common slips:
- Forwarding your lawyer's advice email to a friend, relative or workmate.
- Posting about what your lawyer said on social media or in a group chat.
- Bringing a friend into a meeting who isn't needed to help you communicate.
- Discussing your case strategy on a work email account your employer can read.
Spouses, interpreters and close family helping someone who is seriously injured are treated differently in different places. Ask your lawyer before involving anyone.
Privilege doesn't cover communications made to further a fraud or crime. If you ask your lawyer how to exaggerate an injury, that conversation isn't safe, and a good lawyer will refuse to help anyway.
Practical habits
- Use a personal email address and phone for lawyer contact.
- Mark notes you write for your lawyer as prepared for your lawyer.
- Keep advice to yourself, even from well-meaning family.
- If you aren't sure whether something is protected, ask before sharing it with anyone.
Next: conflict of interest · deposition · lawyer consultation workbook.
Related terms
General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer