Alpert Schreyer Personal Injury Lawyers | December 27, 2025 | Personal Injury
Attorney-client privilege is a basic rule that protects people when they talk to a personal injury lawyer. It allows clients to share information freely without worrying that their words will later be used against them. This protection helps lawyers give accurate advice and build strong legal strategies.
Understanding how attorney-client privilege works, and how it can be lost, can directly affect the outcome of a legal case. Small mistakes, such as sharing information with the wrong person, can remove this protection.
What Is Attorney-Client Privilege?
Attorney-client privilege is a legal principle that protects confidential communications between a lawyer and their client. The purpose is to encourage honest conversations so that legal advice is based on complete and accurate information.
For a conversation to be protected, several conditions usually must be met:
- The communication is between a client and a lawyer
- The purpose is to seek or give legal advice
- The communication is meant to be private
- The privilege has not been waived
When these requirements are met, courts generally cannot force a lawyer to reveal the information.
What Counts as a Privileged Communication?
Not every conversation with a lawyer is protected. Attorney-client privilege only applies to communication related to legal advice.
Examples of communication that are usually protected include:
- Explaining how an accident happened
- Asking questions about legal rights
- Talking about legal strategy
- Sharing documents for legal review
Casual conversations or discussions unrelated to legal advice may not be protected, even if they happen in a lawyer’s office.
Attorney-Client Privilege vs. Confidentiality
Attorney-client privilege and confidentiality are closely related, but they are not the same.
Attorney-client privilege is a legal rule that applies in court. Confidentiality is an ethical duty that requires lawyers to protect client information in general.
In simple terms:
- Privilege protects information from being forced into evidence
- Confidentiality controls how lawyers handle client information
Both are important, but they apply in different situations.
When Attorney-Client Privilege Does Not Apply
There are situations where the attorney-client privilege does not protect a conversation. These are often called exceptions.
Privilege may not apply if:
- The communication involves planning a crime or fraud
- Other people are present during the conversation
- The client shares the information publicly
- The lawyer is acting in a non-legal role
For example, discussing legal advice in front of friends or coworkers can remove the expectation of privacy.
How Attorney-Client Privilege Can Be Waived
Attorney-client privilege belongs to the client, not the lawyer. This means the client can waive it, sometimes without realizing it.
Common ways privilege is waived include:
- Forwarding legal emails to others
- Posting legal advice on social media
- Talking about private advice with coworkers or family
- Allowing third parties to sit in on legal meetings
Once privilege is waived, the information may be used in court.
Why Attorney-Client Privilege Matters in Injury Cases
In injury cases, clients often share sensitive details about their health, finances, and past events. Attorney-client privilege allows these conversations to remain private.
This protection helps lawyers:
- Review the strengths and weaknesses of a case
- Prepare legal arguments
- Anticipate issues raised by insurance companies
- Give honest advice about risks and outcomes
Without privilege, clients may hold back information that could affect the case.
Communications With Insurance Companies Are Not Privileged
Many people believe conversations with insurance companies are protected. They are not.
Statements made to insurance adjusters or investigators can be recorded and used later. This is why legal guidance is important before giving statements that could affect a claim.
How to Protect Attorney-Client Privilege
Clients can take steps to protect their privileged communication.
Helpful practices include:
- Keeping legal conversations private
- Avoiding sharing legal advice with others
- Using secure communication methods
- Asking questions when unsure if something is protected
Being careful with emails and text messages also helps preserve the privilege.
Contact the Lanham Personal Injury Attorneys at Alpert Schreyer Personal Injury Lawyers for Help Today
Attorney-client privilege protects honest communication between lawyers and clients. Understanding what is protected, what is not, and how privilege can be lost helps clients make better decisions throughout a legal case. Privacy, clear communication, and awareness are key to keeping this protection in place.
If you have been in an accident in Lanham, MD, and want to know your legal options, Alpert Schreyer Personal Injury Lawyers is here to help. Our Lanham personal injury lawyers will fight to get you the compensation you deserve. Contact us today for a free consultation.
For more information, please contact Alpert Schreyer Personal Injury Lawyers to schedule a confidential consultation with a personal injury lawyer. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Charles County, Prince George’s County, and its surrounding areas. Visit our law offices at:
Alpert Schreyer Personal Injury Lawyers – Waldorf Office
8 Post Office Rd Waldorf, MD 20602
(301) 932-9997
Available 24/7
Alpert Schreyer Personal Injury Lawyers – Lanham Office
4600 Forbes Blvd Ste #200 Lanham, MD 20706
(301) 936-0011
Available 24/7