Understanding the Exceptions to Attorney-Client Privilege

Attorney-client privilege is a principle that is fundamental to the integrity of the practice of law. It allows clients to have faith in their legal counsel and can help them feel secure that their sensitive information related to their case will be protected from disclosure. As a result, they can feel more comfortable being honest with their lawyer and truthful in the conversations they have with their legal counsel.

It is important to understand that although attorney-client privilege is meant to safeguard private discussions between a client and their attorney, it is not absolute. Meaning, not everything that is said will have protections.

When you agree to work with an attorney and a relationship is established, then you will have the protections of attorney-client privilege for some of the communications you have with your lawyer. This is true for all types of legal cases, including personal injury suits. So when you have a personal injury claim, and you decide to partner with an attorney, as long as you don’t waive your right to attorney-client privilege, you will have the benefit of having your information related to your case shielded from being made public through this legal principle.

For help with a personal injury case in Oregon, the Portland personal injury attorneys at Rosenbaum Law Group can review your case and help you get the financial compensation you are entitled to.

Attorney-Client Privilege: The Exceptions 

When a client is speaking with their attorney for legal advice and to discuss their case, when their communications are related to their case, and there is the expectation that the communications will be confidential, then this information falls under the refuge of attorney-client privilege.

However, exceptions to the legal principle do exist. These include any of the following circumstances:

• Communications that are not within the scope of legal representation. Non-legal communications are not protected by attorney-client privilege. So, if a client is talking about a particular sports game with their attorney, these conversations would not be confidential.
• When discussions between a client and their attorney take place in a location that is public, then this can breach the safeguards that attorney-client privilege offers. Since the intent for confidentiality is paramount to attorney-client privilege coverage, if conversations are had where others can listen or hear, then what is said will not remain private.
• The crime-fraud exception. When a client is using an attorney to cover the commissioning of a crime or for assistance with a crime, then attorney-client privilege will not apply, and this is true whether or not the lawyer is aware that their client is engaged in using their legal services for criminal activity.

Speak to an Oregon Personal Injury Attorney Today 

The United States legal system recognizes that individuals involved in criminal or civil legal cases must have some sense or amount of secrecy regarding their private and sensitive information. For fairness to exist in the legal system, attorney-client privilege is used to ensure confidentiality for everyone who utilizes the services of a legal professional.

For help with a personal injury suit in Oregon, please call the Portland personal injury attorneys at the Rosenbaum Law Group today at (503) 288-8000.