Attorney-Client Privilege

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How is Attorney-Client Privilege Used in Personal Injury Law?

In personal injury law, attorney-client privilege gives the client the power of consent for information disclosure. All communications between a client and their attorney, whether in-person, in writing, or over the phone are considered confidential, and because they are confidential communications, they are protected and cannot be used by other parties unless the client expresses permission.

Attorney-client privilege includes communications as well as documents and materials relevant to the case.

Famous Cases Attorney-Client Privilege Was Used

The People V. Belge

After a convicted serial rapist and spree killer was caught, he disclosed to his attorneys that he had additional victims. He described the locations of the victims’ bodies. His attorneys argued that their attorney-client privilege gave them the ability to refuse disclosure of this information. Prosecuting attorneys were unable to use the Imminent Harm Exception because Belge was already jailed and couldn’t cause additional harm.

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Is Attorney-Client Privilege used in Kentucky Personal Injury Law?

Yes! Personal injury attorneys in Kentucky cannot disclose information gathered during client interactions without the direct consent of the client.

Is Attorney-Client Privilege used in Tennessee Personal Injury Law?

Yes! Tennessee personal injury lawyers are bound to attorney-client privilege and cannot disclose client communications without the client’s consent.

How Does Hughes & Coleman Injury Lawyers Use Attorney-Client Privilege?

The experienced personal injury lawyers at Hughes & Coleman take attorney-client privilege very seriously. What you tell us is kept private, and we respect your right to privacy. We know that attorney-client privilege allows you to freely and openly talk about the circumstances surrounding your case in order to give us all of the tools we need to properly represent you.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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Frequently Asked Questions About Attorney-Client Privilege

What is protected by attorney-client privilege

Attorney-client privilege protects direct communications between attorneys and their clients, including text messages, face-to-face communications, emails, and phone conversations.

What does it mean to break attorney-client privilege?

When an attorney discloses confidential information or communications without the direct consent of the client, they are breaking attorney-client privilege. The consequences of breaking attorney-client privilege can allow for sensitive information to be used against the client and can lead to attorneys facing serious disciplinary action.

What are the exceptions of attorney-client privilege?

Any communications that are made with a third-party present or in non-private settings are not protected by attorney-client privilege.

Additionally, attorney-client privilege doesn’t protect any statements made to a lawyer that show a client intends to commit further crimes or conceal crimes when a client is in the process of committing a crime or is planning to commit said crime. For example, if a client tells his attorney that he plans to tamper with evidence to help his case, this information is not protected under attorney-client privilege.