September 24, 2025 | Personal Injury
When most people share information with their attorney, they expect their communications to be confidential. After all, an attorney needs all the facts of your case to be able to represent you to the best of their ability. This requires that the client be completely honest and transparent.
Thankfully, the attorney-client privilege protects communications with your lawyer and prevents the details of those communications from being used against you. Attorney-client privilege is the oldest evidentiary privilege in common law. Keep reading below to learn about attorney-client privilege and how it could affect your case from an experienced personal injury lawyer.
What Is Attorney-Client Privilege?
Attorney-client privilege is a legal concept that protects communications between a client and their lawyer. This rule of evidence prevents anyone from using your confidential communications with your lawyer against you. Keep in mind, however, that not all communications with your lawyer are protected. The rule only applies to communications relating to your case or your legal situation.
There are some requirements that must be met for your communications to be considered privileged. Those requirements are:
- You were seeking legal advice from the lawyer (i.e., an attorney-client relationship existed).
- You assumed that your communications were confidential.
- You made a reasonable effort to ensure the confidentiality of your communications.
If all of these criteria are met, your communications will likely be privileged. The privilege applies to written and oral communications. In some situations, a head nod or hand gesture might even be considered a privileged communication.
However, there are always some exceptions to the rule. Keep reading below to learn about some of the most common exceptions to the attorney-client privilege.
Exceptions to Attorney-Client Privilege
As with every rule, there are almost always exceptions. Attorney-client privilege is no different. There are some instances in which your communications might not be protected. Some of the most common exceptions are:
Waiver
If you decide to waive the privilege, then your attorney is free to share the information. You own the privilege, so only you can waive the privilege. Your attorney cannot decide to waive it for you, and no one else can waive the privilege for you either.
Implied Waiver
Most of the time, your lawyer has an implied waiver to be able to share information with other lawyers within their firm. This information can only be shared to help further your legal representation. You should inform your lawyer if you do not want your information shared with other lawyers in the firm.
Joint Representation
In some rare situations, an attorney might represent two parties at the same time in a common matter. It is not anticipated that the parties will become adverse to each other. Communication between the attorney and all joint clients is usually privileged. However, the lawyer should disclose this exception at the beginning of the representation.
Should the parties become adverse, the privilege may be lost. Communications occurring during the joint representation may become discoverable by the other party.
Future Crime or Fraud
If you admit your plans of a future crime that is likely to result in imminent death or substantial bodily harm to your lawyer, they can (and must) break confidentiality to prevent the crime.
For example, imagine you tell your lawyer, “I plan to murder an adverse witness tomorrow.” Your attorney will be obligated to break the privilege. They must share enough information as necessary to prevent the crime from happening.
Death of the Client
Things can get a little tricky in the event of the client’s death. Many attorney-client communications continue to remain privileged even after the client’s death. However, if the attorney helped the client with a will or other estate planning documents, there could be an exception to the privilege.
For example, imagine a dispute between the heirs about the deceased’s intentions. The attorney may be able to break the privilege to testify about the deceased’s intentions as they helped prepare the estate plan.
Physical Evidence
Remember that the attorney-client privilege applies to communications. It does not apply to physical evidence. Suppose you are on trial for murder, and you bring the murder weapon to your attorney’s office. That physical evidence would not be protected by the attorney-client privilege.
Attorney-Client Dispute
Disputes sometimes arise between attorneys and clients. Legal fees are a common issue that causes these types of disputes. The client may not invoke the attorney-client privilege absolutely. They cannot prevent the attorney from using evidence that will support their position.
When Does The Attorney-Client Privilege Start?
Generally, the attorney-client privilege starts when an attorney-client relationship is formed. Sometimes, the start of the relationship is obvious. This includes after a representation agreement, contingency fee agreement, or other contract is signed. Other times, it can be more difficult to determine when the relationship was formed.
It is best to always confirm the privilege with your lawyer prior to sharing any confidential information or information that could be used against you.
What Happens If My Attorney Breaks the Privilege?
Generally, any information your attorney shares cannot be used against you. The judge hearing your case would likely throw out any testimony containing privileged information. The Illinois State Bar will likely discipline the lawyer for violating the privilege. Moreover, you might even have a claim against the attorney for legal malpractice, and you could be entitled to recover monetary damages as part of that claim.
Contact Powell and Pisman Injury Lawyers for a Free Consultation With a Chicago Personal Injury Lawyer
If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.
We serve Cook County and its surrounding areas:
Powell and Pisman Injury Lawyers
5351 West Belmont Avenue
Chicago, IL 60641
(312) 635-5400
Open 24/7