When initiating or defending oneself in a lawsuit, there are many different factors that must be considered. One of the most important factors when discussing a case with a potential attorney is how much information to provide the lawyer concerning your case.
At an initial consultation with a prospective attorney, the client may be unsure how much information to provide to the attorney. Furthermore, the individual may be wary if the topics discussed are confidential or not. However, the person who is involved in the lawsuit should provide all information to the attorney.
The information that a person provides to a potential lawyer, whether in writing or verbally, are protected under the attorney-client privilege as long as the information is confidential in nature and is provided with the intent of receiving legal advice. Even if the attorney is not retained for the case, the lawyer who spoke with the potential client cannot reveal any topics that were discussed during the meeting.
The ONLY exception as to when an attorney may reveal any information is when it is necessary to prevent a client or potential client from committing a criminal act that is likely to cause death or serious bodily harm to another individual.
There are several reasons as to why communications with an attorney are confidential. First, it is crucial that both sides are able to have an open line of communication so that each party is able to trust the other side. In addition, the client needs to provide all the facts to the potential lawyer so that the attorney can provide relevant advice. Without knowing all of the information, the lawyer may waste valuable time and resources by requesting information that is not relevant to the case and facts at hand.
Along the same lines, the attorney needs to know all of the facts, regardless of what the client feels may be relevant. Having all the information with allow the attorney to decide what the key elements are as well as determining what information may be irrelevant to the case. At the same time, having all necessary information will allow the lawyer to establish if they want to take the case and their arguments.
One important aspect that the attorney should keep in mind is that they should explain to the client at the beginning of the meeting that all information the client shares will be confidential. Doing so will allow the client to feel comfortable and more likely to share all facts with the attorney, even if the client may not want to provide certain items. At the same time, both sides are more likely to have a higher level of trust if all information is being shared by the client.
It is always a good idea for a person to speak with an attorney about a potential lawsuit or defending oneself in a case. Even if the attorney is not retained, the individual may be able to get a better idea of what challenges they would be facing during the course of litigation. In addition, the lawyer can provide valuable insight to the potential client without the person in question having to worry about any information being exposed from an outside source.