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Understanding Attorney-Client Privilege in Texas

Whether you pursue a claim for compensation for personal injuries, wrongful death, etc., the communications you have with your attorney are privileged information. This means that, as a general rule, anything you discuss and the recommendations you receive from your attorney are considered confidential. For practical purposes, this means your attorney cannot discuss matters related to your case with an unauthorized third party, nor may they be required to divulge this information to opposing counsel, the defendant, insurance providers, etc. This helps protect your rights and limits the ability of other parties to surreptitiously obtain information that can negatively affect your claim.

Why Attorney-Client Privilege Is Important

When you pursue litigation in Texas, you must discuss sensitive, private information with your legal counsel. Thus, it is imperative that you be allowed to do so with the expectation that these conversations will remain private and confidential. The more information your attorney has, the better because it allows them to provide reliable advice based on your specific case.

When Does Attorney-Client Privilege Exist?

This is a common question, and yes, while tenuous, it can exist even if all you have done is to complete a free consultation. As a general rule, attorney-client privilege exists when there is a communication between an attorney and a prospective (or existing) client, the conversation or communication was conducted in private, the communication was made in confidence, and finally, the communication related to the pursuit of legal assistance or guidance.

What Are the Limitations of Attorney-Client Privilege?

There are limitations to attorney-client privilege, and there are some types of communications that are not protected. These include confessions to a crime and communications made in public or in the presence of interested third parties. It can even exclude emails, text messages, and other communications made on an employer's phone or computer where there is no reasonable expectation of privacy. If you are ever in doubt, it is advisable to ask your attorney if the information you want to share, or the mode of communication, is considered protected by attorney-client privilege in Texas.

The team at Welmaker Injury Law proudly serves clients in the San Antonio community. When you need legal assistance you can count on, contact our firm at (210) 828-6033. We are happy to answer your questions and help you determine the best strategies for pursuing your claim.