How to Get the Most Out of Your Attorney-Client Relationship

The attorney-client relationship is one that is dependent on trust, whether it involves dealing with a specific matter, or the lawyer agrees to provide a broader range of legal representation. This relationship is typically forged by paying a retainer fee. But in some cases, no fee is paid or agreement signed; for example, if the attorney is providing legal advice, a relationship is formed with the client. But usually, the concept applies once the attorney agrees to represent the client regarding a specific matter.

What Is the Attorney-Client Privilege?

The attorney-client privilege is a rule that protects the confidentiality of sensitive details. The clients’ secrets remain confidential, and a lawyer can’t be forced to reveal them. A lawyer has no obligation to testify about your statements. They essentially have a duty of confidentiality.

As a legal client, you are free to openly share information to receive effective legal representation. The attorney-client relationship is mandated by state rules of conduct; under the attorney-client privilege rule, they cannot disclose anything unless you give them permission, and that includes to a court.

When Does the Attorney-Client Privilege Apply?

It applies whenever the lawyer is working in a professional capacity. Providing friendly, casual advice typically doesn’t meet the qualifications. But in a formal setting, if the client intends for their communications to be private, and acts within reason, their information can be expected to remain confidential. This goes for oral and written communications. You would have to provide consent if any of your confidences are to be repeated outside the legal team.

In general, this remains so after the attorney-client relationship ends. While the lawyer cannot waive this privilege, you, as the client, can make the decision to do so.

Know Your Rights

Properly leveraging this relationship between you and your lawyer can build trust and be helpful to your case. But there are factors that can impact what you can get out of this association:

• Confidentiality: The circumstances must lend themselves to confidentiality. If you speak with your lawyer in private about a lawsuit, secrecy should not be a problem, even if the conversation was secretly recorded (the recording would be inadmissible in court). But if someone overheard details of a conversation held in public, they could testify about it. You could also inadvertently forfeit the attorney-client privilege by:

• • Repeating the conversation to someone else.
  • Have a third person present when talking to your lawyer.

• Preliminary Communications: Even as a potential client, the attorney-client privilege applies. Before retaining a lawyer, clients usually want to discuss specific details to know whether the attorney can represent them. These details are revealed in confidence. Before beginning your discussion, confirm with them that the privilege applies.

• Past/Future Behavior: If you’ve committed an illegal or improper act in the past, the lawyer usually can’t disclose that. However, if you somehow express intent to commit a crime or act of fraud, the attorney-client privilege will probably not apply, especially if disclosing such information can prevent death, serious injury, or the recovery of money stolen or lost due to fraud. Most states have laws requiring attorneys to act in accordance with this idea.

• Work-Product Doctrine: Written material or documentation prepared by the lawyer is protected under the law. Adverse parties cannot compel the disclosure of this information, no matter how relevant it is. Obtaining such documentation could be of benefit to them, and thus hinder your attorney’s legal work. The exception is when your lawyer’s work product is needed to prepare the other party’s case; they can then obtain it through the discovery process.

Trust Your Lawyer’s Knowledge and Instincts

Your legal representative understands the attorney-client privilege and its limitations. Their job is to handle the legal aspects of your case and apply their expertise. A lawyer acts on your behalf, as your agent. While you have the final say in how the matter is handled and resolved, it helps to have a clear understanding which decisions you have power over and those that the lawyer can make on your behalf.

To get the most out of your relationship, understand the lawyer can decide on the means to achieve specific objectives through legal strategy. This includes decisions on witnesses to call, scope of discovery, and choice of motions. But conferring with you about decisions and strategies, along with their risks and alternatives, helps you and your attorney work together towards a favorable conclusion.

The best scenario is when your lawyer is willing to consult with you on the status of your case, the limitations of what they can do, and how decisions are likely to be made.

Contact The Law Offices of Jacob Emrani

We find the attorney-client relationship be one of our strongest assets. The expertise and compassion of our Los Angeles personal injury lawyer has helped clients win millions of dollars in damages. When you’ve been injured in an accident, it’s important to forge a close, trusting relationship with your lawyer. This is the expertise you can expect from our legal team. You also won’t be charged any fees until we win. To schedule your free consultation, call 888-952-2952 or contact us online.