Howard Coker | May 22, 2025 | Personal Injury

Breaking Down Attorney-Client Privilege: What It Means and How It Can Affect Your Case

Attorney-client privilege is a fundamental ethical principle governing the relationship between attorneys and their clients. It encourages open and honest communication between clients and their attorneys. Full disclosure by clients to their personal injury attorneys ensures effective legal representation.

If you do not tell your attorney all the information related to your personal injury case, it could negatively impact the outcome of the case.

What Is Privilege?

When we discuss privilege in a legal matter, we are referring to whether information can be disclosed. Privileged information is protected. A court cannot compel someone to disclose privileged information during discovery or testimony.

There are several different types of privilege. Privilege may exist between spouses, doctors and their patients, and clients and their attorneys. Attorney-client privilege protects the communication you have with your lawyer. It applies to verbal and written communication.

A client holds the privilege of communications with their attorney. Therefore, they can waive the privilege to allow their attorney to disclose information. Unless the client waives privilege, an attorney cannot be compelled to disclose information except in specific situations.

Elements of an Attorney-Client Relationship 

Generally, privilege is based on the attorney-client relationship. The elements that establish an attorney-client relationship for privilege are:

  • The communication occurred between you and an attorney,
  • You told the attorney information to obtain legal advice,
  • The attorney acted within their professional capacity as a lawyer when you told them the information, and,
  • You reasonably believed that the information you disclosed was private and confidential.

Therefore, a casual conversation with an attorney while standing in line at a store or during a social engagement would likely not qualify as privileged. At the very least, you would not expect a conversation in a public setting to be private and confidential. Furthermore, an attorney engaged in a conversation outside of their office is likely not acting within their professional capacity.

When Does Attorney-Client Privilege Attach to Conversations With Your Attorney?

Signing a retainer agreement with an attorney clearly indicates the attorney-client relationship. However, you do not sign an agreement when you meet with an attorney for a free consultation. Therefore, is the information you disclose during the free consultation privileged?

An argument could be made that a free consultation meets all the requirements for an attorney-client relationship. You are meeting with an attorney and disclosing information to obtain legal advice. You also expect the consultation to remain confidential.

However, if you are concerned about privilege during a free consultation, ask the attorney before you begin the meeting. The attorney can discuss privilege in greater detail and whether privilege applies to information disclosed during your consultation.

When Can an Attorney Disclose Privileged Information From a Client?

Exceptions exist to the attorney-client privilege. Rule 4-1.6 of the Rules Regulating the Florida Bar states that an attorney must have the client’s consent to reveal information relating to a client’s representation except:

  • A lawyer must reveal information when the lawyer reasonably believes revealing the information is necessary to prevent the client from committing a crime or to prevent substantial bodily injury or death,
  • When a tribunal requires a lawyer to reveal information after exhausting all appellate remedies;
  • To promote the interest of the client unless the client expressly requests the attorney not to reveal the information
  • To establish a claim or defense for the attorney related to a dispute between the attorney and the client,
  • To establish a defense to criminal charges or civil claims brought against the attorney based on conduct involving the client,
  • To respond to allegations in a proceeding about the attorney’s representation of the client,
  • To comply with the Rules Regulating the Florida Bar,
  • To detect and resolve conflicts of interest between the attorney and the client, or,
  • To respond to allegations from a former client published on the internet, stating that the attorney committed a crime or is involved in criminal activity that is punishable under criminal law.

Statements made in public or in front of other people may not be considered privileged information. Privilege is important in all types of cases, including personal injury cases.

If an attorney violates privilege, they could face professional discipline. Depending on the circumstances, the attorney could be disbarred. If you suspect your attorney disclosed privileged information, seek legal advice from a professional malpractice lawyer.

How Can Privilege Affect Your Personal Injury Case in Jacksonville, FL?

Florida tort laws provide grounds for injured parties and accident victims to seek economic and non-economic damages from the parties that caused their injuries. Attorney-client privilege applies in all types of personal injury cases, including, but not limited to:

The Importance of Honesty in Attorney-Client Privilege

When discussing your case with your attorney, you must be honest about everything. Your lawyer needs to know all the details pertaining to your claim. Withholding information from your attorney could negatively impact the outcome of the case.

For example, you may be embarrassed to discuss the fact that your injuries prevent you from engaging in intimate relations with your spouse. However, this information is important. Your spouse could have a separate claim for loss of consortium against the party who caused your injuries.

Leaving out information about a prior injury or accident could hurt your case. Insurance companies use pre-existing conditions to argue that the current accident did not cause your condition. If your attorney is aware of the prior injury, accident, or condition, they can prepare to gather evidence and prepare arguments to refute the insurance company’s claim.

Contact The Personal Injury Law Firm of Coker Law Personal Injury Lawyers For a Free Consultation

For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.

We serve Duval County and its surrounding areas.

Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071

Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858

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