Every person has secrets. Some of these secrets are embarrassing. Others potentially expose people to legal liability. To provide the best possible service, your personal injury law firm must hear about all relevant facts, even those you do not want to discuss.
The Texas legal system is designed to encourage clients and lawyers to communicate openly and honestly. The protections for client communications ensure that you receive fully informed legal advice and representation.
Building a Strong Attorney-Client Relationship
The strongest attorney-client relationships involve trust. Your personal injury law firm must trust you to deal with your lawyer honestly. In turn, you must trust your personal injury attorney to keep your secrets and provide objective advice.
Texas law encourages open and honest communications. The Texas Disciplinary Rules of Professional Conduct impose a duty of confidentiality on lawyers. This duty prohibits the lawyer from using or disclosing a client’s confidential information. It applies to any information the lawyer learns from a client seeking legal advice.
The duty of confidentiality also protects any information disclosed by prospective clients during an initial consultation. Finally, attorneys must maintain confidentiality regarding anything disclosed to the lawyer by a former client.
Texas law provides limited exceptions to this rule. The lawyer can disclose information under the following circumstances:
- The client gives consent
- A court orders the lawyer to disclose it
- The lawyer must disclose it to prevent the client from committing a crime
If the lawyer violates attorney-client confidentiality, the client can file a complaint against them with the State Bar of Texas. The lawyer may face sanctions, including suspension or disbarment, for breaching this important duty.
Another way that Texas protects the attorney-client relationship is an evidentiary rule that creates an attorney-client privilege. One of the exceptions to the duty of confidentiality relies on a court order. However, attorney-client privilege limits the court’s ability to order an attorney to turn over evidence disclosed by a client.
These rules work together to build and protect the attorney-client relationship. When you disclose something to your personal injury law firm, you can trust that your personal injury attorney and every non-lawyer staff member working for the firm will keep the information secret from the court, opposing parties, and even their families.
Accurate Info Is the Foundation of a Strong Case
Frank and honest phone calls, text messages, and meetings with your lawyer foster a strong relationship. More importantly, these factors help build a strong case. Some benefits of providing your lawyer with complete and accurate information include the following:
- The lawyer will have all the information they need to answer your questions
- The attorney can develop a legal strategy that fits all the facts
- The lawyer can prepare for the impact of any adverse facts
When consulting a lawyer for a personal injury case, you should be particularly focused on honest communication in the following areas:
Being Accurate About Accident Details
You should disclose everything about how the accident happened, including facts that might cast you in a negative light or even expose you to liability. In many cases, the lawyer can develop a strategy. However, the attorney can only do this if they know about it in advance.
Discussing Medical History and Pre-Existing Conditions
You should be honest about the injuries you suffered, including pre-existing conditions. Your honesty will help the lawyer accurately present your losses to the insurer or a jury. You should even include embarrassing injuries like sexual dysfunction or PTSD. You might be entitled to additional compensation for these injuries, but only if the lawyer includes this information in your claim.
Similarly, you should disclose any preexisting injuries to your lawyer that relate to injuries you suffered in your accident. You can recover compensation for the aggravation of a preexisting injury if your lawyer knows about it and gathers the right information from your medical records.
Consequences of Withholding Information
Withholding information from your lawyer puts both of you in a very difficult position. The lawyer could get blindsided when the insurer discovers your secret. Your lawyer cannot prepare a legal strategy with only part of the picture. Worse yet, you damage your credibility with the insurer and the court, calling into question your entire claim.
FAQ
What Does Attorney-Client Confidentiality Mean?
The duty of confidentiality means that a lawyer cannot reveal any information you disclose to anyone except those helping with your case, such as lawyers, non-lawyer staff members, and expert witnesses. The lawyer and their firm are also prohibited from using your information for their benefit.
Is Attorney-Client Confidentiality the Same as Attorney-Client Privilege?
No. Confidentiality is an ethical duty owed by a lawyer to a client. Violating confidentiality can result in sanctions against the lawyer like suspension or disbarment. Privilege is an evidentiary rule that limits when a court can force a lawyer to disclose a client’s information in a legal proceeding.
Do I Have to Hire a Personal Injury Law Firm to Keep My Information Confidential?
No. Lawyers owe a duty of confidentiality to anyone who consulted them for legal advice or representation. Thus, you can communicate with lawyers openly during free case evaluations without worrying about the lawyers disclosing your discussions if you do not hire them.
Contact Us to Discuss Your Personal Injury Case
We take our ethical duties seriously, so you can fully trust us with your confidential information. Contact us for a free consultation with a personal injury attorney to discuss your case and how we can assist you.