The Duty of Confidentiality
While there are some exceptions, the information you discuss with your personal injury attorney is confidential.
Your attorney’s duty of confidentiality works to ensure that he or she may not reveal any information related to how he or she represents you. This covers anything you tell your attorney in private, or that someone else shares in private.
Confidentiality is owed even if you’re not a retained client. Anything you share during a consultation is expected to remain private.
Your lawyer can’t prevent someone from testifying in court if you had a case-related conversation in a situation where someone may have overheard the discussion (e.g. in public).
Attorney-client privilege guarantees confidentiality between you, your lawyer, and his or her legal team. The privilege works to protect you and your attorney if he or she is faced with a legal demand to discuss secret information (e.g. a request for discovery or a demand that your lawyer testify under oath).
Privilege belongs to you. Your lawyer can’t waive or forfeit the privilege without your consent. Attorney-client privilege remains in effect even after your relationships ends.
However, if you have the same conversation you had with your attorney with a third party, or if someone else was present during the conversation with your lawyer, you can forfeit the attorney-client privilege.