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Denver Personal Injury Attorney on Attorney-Client Privilege


December 14, 2016

Have you been injured recently and are in-need of a personal injury lawyer in Denver? Here are some need to know tips about attorney-client privilege when you start a relationship with your lawyer.
 
When you hire a personal injury attorney, an attorney-client relationship is formed, and a privilege is created. "Privilege" is defined as: a special right, advantage, or immunity granted or available only to a particular person or group of people. An attorney-client relationship can be formed in one of two ways. It can be "implied" (informal) which means the client believes that the attorney is providing legal representation even if there is not a specific written contract. Or it can be created "expressly," which means the attorney and client have come to a formal agreement of some sort. An express relationship is created with the execution of a written contract or the formal agreement of intent of the attorney and the client to work together.

Once an attorney-client relationship has been established – in whatever the form – the attorney then has responsibilities to uphold. Those responsibilities generally include:

Fiduciary Duty

Fiduciary duty states that the attorney will and must act in their client's best interest, avoiding a situation that would put their client at odds.

Confidentiality

All information that you share with your attorney must be kept secret, unless you give him permission to reveal that information to others. Legally, neither the attorney nor you can be compelled to disclose the contents of confidential conversations. Confidentiality continues even if you terminate the attorney-client relationship.

Confidentiality Exceptions

There are a few exceptions to attorney-client privilege. These include when someone is in harm's way. For example, if a client tells his lawyer that he is going to harm someone or even himself, and there is reason to believe it’s true, the attorney has a legal obligation to reveal confidential information to prevent anyone from being killed or seriously hurt.
 
Similarly, attorney-client privilege can be broken either intentionally or accidentally. This can occur when you openly discuss confidential information in the presence of others or by expressly authorizing the disclosure of that confidential information. Be aware that in some cases, this can allow an opposing attorney to inquire about privileged information. 

Keeping You Informed

The attorney must make sure to keep communication channels open with you and keep you up to date on developments in your case, if the attorney doesn’t follow through with this obligation, they have breached their contract and you have a right to terminate working alongside them. 

Your Best Resource

If you have been injured, Mark A. Simon is your go-to personal injury attorney in Denver. He is dedicated to personally keeping you informed and involved as he fights for your legal rights. Let him handle the legal issues while you focus on your recovery. If you’re ready to file a personal injury or workers’ comp claim, Mark A. Simon is the right choice to help you resolve your case, maximize your recovery, and put your life back together. Call him at 303-321-HURT (303-321-4878).