Addressing Attorney-Client Privilege in Personal Injury Cases


An attorney and their client go over paperwork at a wooden table in a discussion which will be protected under attorney-client privilege

Attorney-client privilege is a core legal principle that protects discussions between a client and their attorney from having to be disclosed without the client’s permission. This privilege is important because it allows clients to freely and openly discuss their legal case without having to worry that the information could be used against them in court. Missouri courts are protective of this privilege, so attempts by the opposition to obtain client communication is not common. There are however exceptions if a person is attempting to further commit a crime. 

Attorney-client privilege exists in all types of cases, but our focus on this blog will be how it applies in personal injury cases

When Does Attorney-Client Privilege Go Into Effect? 

Attorney-client privilege in Missouri can exist even when a potential client is meeting with a lawyer. At MHM Legal, we often have clients call or meet with us about a case before moving forward. Any discussion where an attorney obtains information about the facts of a car crash, truck accident, slip and fall, or defective product can be protected by attorney-client privilege, even if a contract is not signed.

Once we proceed with a case, it is important to have privileged discussions about the legal process. We routinely consider various legal strategies with our clients on how to proceed. We often have discussions about the accident details, medical treatment, and negotiations with insurance companies that are covered by the privilege. 

What Types of Communication are Included Under Attorney-Client Privilege?

The privilege applies to all types of communication when discussing legal advice, whether it is a phone call, in-person meeting, an email, or a letter. Since these legal conversations are privileged, it is important that clients do not disclose the conversations to other people.  It is crucial that this privilege exists because it allows for honest conversations without having to worry the information could be used by the other side. 

Contact Our Personal Injury Legal Team

As personal injury lawyers, this privilege is key when your case goes to trial. But, it is also important during settlement discussions. The attorney-client privilege ultimately allows us to provide the best possible legal advice to maximize the value of a client’s case. 

If you were recently involved in a personal injury accident, our team is available to sit down with you during a free consultation.