The Attorney-Client privilege provides confidentiality for your communications with your attorney. As long as the communication is between you and your attorney, and is intended to be confidential, the privilege will apply.
What types of communications are covered by this privilege?
This privilege applies to emails, texts, phone calls, and in-person meetings between you and your attorney regarding legal advice and matters pertaining to your case. Opposing counsel will not be able to obtain records of emails, texts, or other memoranda of communication between you and your attorney. You cannot be asked to testify as to these communications during a deposition or at trial.
Does attorney-client privilege apply to minors?
Yes. It also applies to the parents or guardian bringing a claim on a minor’s behalf.
Does attorney-client privilege apply when I talk to my attorney’s paralegal?
Yes. All staff members in the attorney’s office are also bound by the confidentiality provided by the privilege.
What is not protected by attorney-client privilege?
Communications that involve a third-party who is a not a party to the case are not covered by attorney-client privilege. For example, if your friend witnessed you getting struck by a motor vehicle and discussed what they saw with your attorney, that information is not covered by this privilege and would be discoverable. The privilege exists between the attorney and client only.
Attorney-client privilege also does not apply if you seek an attorney’s advice in furtherance of committing or planning to commit a crime or fraud and other exceptions.
When does attorney-client privilege start and stop applying?
The privilege applies as soon as you consult with an attorney. When you call SUGARMAN and speak with one of our partners, privilege applies to that consultation. Even if representation does not move forward, that consultation is confidential. If your case is resolved, the privilege applies after the conclusion of your case.
If you are ever unsure if privilege will apply or not, ask your attorney before you disclose the information you wish to keep confidential.
SUGARMAN attorneys have decades of experience advocating for injured persons to ensure they recover maximum damages. If you or a loved one has suffered injury as the result of an accident, you may be entitled to compensation. To learn more, speak to one of our principals today by calling 617-542-1000 or email us at info@sugarman.com.