Attorney-Client Privilege

You’ve probably heard the term attorney-client privilege thrown around in courtroom dramas. But how does attorney-client privilege work in real life?

If you were injured due to someone else’s negligence, the personal injury lawyers at Chain | Cohn | Clark can help you recover the compensation you deserve.

Does attorney-client privilege apply to personal injury cases like car accident claims and wrongful death lawsuits?

We’ll answer these questions and more in this blog.

What Is Attorney-Client Privilege?

Attorney-client privilege keeps communication between a client and their lawyer about legal matters from being passed on to anyone else without the client’s permission.

The purpose of attorney-client privilege is to allow people to get legal advice without worrying about whether something they say will hurt their case or get them into trouble.

For example, suppose John is arrested for theft. He talks to a lawyer about his case, but he’s afraid that if he admits his guilt to the lawyer, the lawyer may share that info with the police. Actually, because of attorney-client privilege, John’s lawyer is not allowed to tell anyone about his confession.

In personal injury law, it’s ideal if your attorney knows all the details of your case. But there may be details that you’re reluctant to talk about—because you think they make you look bad or might cause you to lose the case. However, attorney-client privilege makes all our communication about your case confidential.

Chain | Cohn | Clark offers free, no-obligation consultations to prospective clients—and yes, your consultation is confidential.

Contact us today for your free case review.

Attorney-Client Privilege in California Law

Attorney-client privilege isn’t just a tradition we follow—it’s spelled out in California Evidence Code sections 950–962, where it’s called “lawyer-client privilege.”

California Evidence Code section 954 specifically says that a client “has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer.”

Definitions of Attorney-Client Privilege Terms

Here’s how California law defines the following terms:

• Lawyer. (1) A person authorized to practice law or (2) a person the client believes is authorized to practice law.
• Client. (1) A person seeking legal advice or services or (2) someone authorized to represent them (e.g., a guardian).
• Confidential communication. Any form of communication—in person, over the phone, or by letter, email, or text message—is covered.

California law says the client holds the attorney-client privilege. This means that the client can choose:

• Not to disclose confidential communication.
• To prevent their lawyer from disclosing confidential communication.
• To waive—or give up—attorney-client privilege and allow disclosure.

The lawyer is bound by attorney-client privilege. This means the lawyer is not allowed to disclose any confidential communication from the client unless (1) they are authorized to do so by the client or (2) the communication falls under an exception to attorney-client privilege (see below).

When you work with a lawyer at a law firm like Chain | Cohn | Clark, the attorney-client privilege applies to all the lawyers and others who work for the firm—not just the lawyer handling your case. That means you can speak to others who are helping with your case without worrying about the information being made public.

Exceptions to Attorney-Client Privilege

Attorney-client privilege doesn’t cover all communication with your lawyer. Here are some of the conditions that apply:

• The communication must be related to a legal matter. If you ask your lawyer for their recommendation on where to find the best burger in Bakersfield, that’s not a privileged conversation.
• The communication must be with a lawyer. You can ask a friend who’s a dentist for legal advice, but that conversation isn’t confidential because your friend isn’t a lawyer.
• The communication must be confidential. Suppose you tell your lawyer a secret but then post about the “secret” on social media. The “secret” is no longer confidential, so your lawyer is not bound by attorney-client privilege.
• The communication can’t be about how to commit a crime. A client may confess a past crime to a defense lawyer—that’s confidential. But if a client tells an attorney about a crime they’re planning to commit, the lawyer is not bound by attorney-client privilege.

In addition, if a lawyer reasonably believes a client is going to harm or kill someone, they are allowed to notify the authorities.

Bakersfield Personal Injury Lawyers

Chain | Cohn | Clark has served Bakersfield and Kern County residents for 90 years. We’re a local law firm—most of our attorneys are Kern County natives, and we’re deeply involved in our community.

If you were injured in an accident due to someone else’s carelessness or reckless behavior, you may be able to recover damages to cover your medical expenses and lost wages and compensation for the distress you’ve been through. The attorneys at Chain | Cohn | Clark work in a wide range of practice areas, including motor vehicle accidents, wrongful death, dog bites, industrial accidents, and many more.

When you work with us, you’ll meet your lawyer on day one, and you’ll be able to stay in touch throughout your case—in person or by phone, text, or email.

And, of course, you can count on all our communication being confidential—even the initial consultation.

Contact us today for your free, no-obligation case review.