Your Words Are Protected Article

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Your Words Are Protected

Author: Atty. Gabriel Cosh

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The most important protection afforded in our procedural system of laws is the fact that any disclosure made by a client to an attorney in pursuance of the latter’s official role as a counsel of law is the attorney-client privileged communication. In personal injury cases particularly, this rule of procedure has been adopted in the strictest sense to cover not merely communications made by the victim to his or her counsel, but even work products as well.

How would attorney-client privilege communication actually help in providing trust to our system of laws? The answer is quite simple, and logical: the attorney-client privilege communication is grounded on the fact that the relationship between that of the attorney and his client is one vested with great trust and confidence, so fiduciary in fact that any communication must be kept between the two.

In personal injury cases, the victim may have some contributory negligence that may have been a factor in causing the accident to occur. If the fact that his own negligence actually resulted to his demise or that it was the proximate cause thereof be known to the courts or insurance adjusters then that would be a reason for the denial of his claim. Yet despite this defense that may be brought against his or her claim, still the victim must state the same to his attorney in order that his counsel may provide a proper statement of fact that would not include such negligence.

This information on the other hand cannot be used against him if say for example someone overhears the same, or that the attorney for any reason whatsoever tries to utilize it against the plaintiff. This is the protection afforded by the attorney-client privilege communication. The information that the attorney obtained in the furtherance of his function as a counsel of law are considered as not discoverable as evidence against him. The rule is grounded on the fact that it would cater to a client not having any qualms or second thoughts in giving information to his attorney. With such protection, the client is assured that any information provided would be protected, and that in no way ca it be leaked, and even so, it cannot be utilized against his own interest.

Hence, the next time you visit your personal injury lawyer, do not hesitate in providing him facts and information necessary for your claim. Be it negative or positive, since these information are actually protected from any discoveries. If you fond it hard to disclose such vital information, do not worry, aside from being trust-worthy counsels of law, personal injury defenders respect this privilege afforded by procedural law to you.

About Author

Atty Gabriel Cosh is a legal advocate and a pratitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases. For more information please log on to http://www.personalinjurydefenders.com

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