Table of Contents
Introduction
In a personal injury case, attorney-client privilege is an essential component of the legal process. This protection ensures that confidential communication between a client and their lawyer remains private. If you’ve been recently involved in an accident and are seeking counsel, it’s essential to understand how Nevada law recognizes and maintains this vital legal protection.
What is attorney-client privilege?
Attorney-client privilege is a legal right that provides protection to the client to keep confidential discussions with their legal counsel from becoming public. In other words, it gives clients the freedom to express themselves honestly and openly, enabling lawyers to provide the best representation possible.
How Is attorney-client privilege created?
Attorney-client privilege arises when an individual hires a lawyer to represent them in a legal matter. Once hired, the lawyer assumes a duty of confidentiality to their client. It’s essential to note, however, that attorney-client privilege does not arise merely by consulting with an attorney. The privilege only comes into effect if and when a formal lawyer-client relationship is established.
When can attorney-client privilege be breached?
Attorney-client privilege is not absolute, and there are specific circumstances where disclosure may be required by law. For instance, if a client confesses to committing a crime, the lawyer may have to report the information to law enforcement. Other circumstances may include:
- When a client authorizes the lawyer to disclose information, or it’s necessary to achieve the objective of representation;
- When the client discloses communication that contradicts previous came forward with during legal proceedings; and,
- When circumstances arise making it clear that the client intends to use the lawyer to facilitate criminal activity.
How is attorney-client privilege respected in a personal injury case in Nevada?
In a Nevada personal injury case, the attorney-client privilege applies throughout the duration of the case, including during pre-trial proceedings, the trial itself, and appeal proceedings.
The privilege also extends to any information gathered from third parties during the course of legal representation.
If a third-party, such as an insurance adjuster, were to communicate with the attorney seeking information about a client during the case’s legal process, the privilege applies to that communication.
However, it’s also important to note that when a client sends an email could be slightly different. As electronic communication isn’t entirely secure, it’s possible that a person who’s not authorized can access sensitive files. When sharing crucial information with any legal representative, clients must take steps to ensure that they are sharing it in a secure way.
Conclusion
In conclusion, if you’re involved in a Nevada personal injury case, it’s worth knowing that the law has measures in place to respect attorney-client privilege. It provides essential protection to clients, and they should feel confident that they can share information with their lawyers securely. While these protections aren’t absolute, they give clients the freedom to communicate honestly and openly with their legal counsel, enabling lawyers to effectively represent their clients.