Breaking Down Attorney-Client Privilege: What it Means and How It Can Affect Your Case

June 9, 2026 / Personal Injury

When you talk to your attorney, you expect that your communications will remain confidential. After all, you need to be able to speak openly and honestly with your attorney without fear that your words could be used against you. Thankfully, the attorney-client privilege protects your communications with your attorney. Keep reading below to learn all the details.

What Is the Attorney-Client Privilege?

The attorney-client privilege is one of the oldest privileges recognized in modern American law. This privilege protects confidential communications between you and your lawyer. In New York, the attorney-client privilege is mostly governed by New York CPLR Section 4503.

Generally, the rule says that your attorney may not disclose confidential communication that you share with them. Additionally, neither you nor your attorney may be compelled or forced to disclose confidential information. 

Remember that communication may include:

• Verbal communication
• Written communication
• Emails or text messages
• Non-verbal communication, such as head nods or other body language

For the privilege to apply, an attorney-client relationship must exist. Additionally, there must be an expectation of privacy with the communication.

This means that you expect the communication to be private. You have also taken reasonable steps to keep it private. Finally, the communication must be made for the purpose of seeking legal advice from your lawyer.

When Does an Attorney-Client Relationship Begin?

For your communications to be privileged, an attorney-client relationship must exist. The question then becomes, “When does this relationship start?” The answer to that question can sometimes be tricky.

Sometimes, the answer is obvious. If a fee agreement has been signed and is in place, then the relationship obviously exists. However, what about free consultations?

Most personal injury lawyers, for example, offer free consultations. A consultation does not always create an attorney-client relationship, so it is important to ask the lawyer when representation begins.

Are There Any Exceptions to the Attorney-Client Privilege?

Yes, there are several exceptions to the attorney-client privilege. Some of the most common exceptions include:

Waiver

The privilege is in place to protect you as the client. If you decide to waive the privilege, you have every right to do so. If you waive the privilege, then you give your attorney permission to share certain communications.

Third-Party Presence

Remember that you must take reasonable steps to keep your communications with your lawyer confidential. If you share confidential information while a third-party (a non-lawyer) is present, then you are effectively waiving your privilege. 

The communication would no longer be protected, and either your attorney or the third party might be compelled to share your information. It is worth noting that most communications made during mediation are considered confidential.

Prevention of Crime

In some cases, your attorney might be required to share certain information. This is true in situations involving the prevention of a future crime. 

For instance, imagine you have a trial coming up soon for a motorcycle accident case, and you tell your attorney that you are going to murder a witness because they are going to testify that the accident was your fault. Your attorney would have a duty to disclose this information in order to prevent the crime.

Physical Evidence

Attorney-client privilege only applies to communications. It does not apply to physical evidence. For instance, a murder suspect could not bring the murder weapon to their attorney in order to prevent the police from obtaining it.

Joint Clients

Sometimes, two or more clients may hire the same lawyer for a shared legal matter. If those clients get into a dispute, the attorney could be called to testify. The communications made during the joint representation are not protected, so the attorney may be compelled to share them.

Contact the Long Island Personal Injury Lawyers at Carrion Accident & Injury Attorneys, PLLC for Help Today

Understanding attorney-client privilege can help you feel more comfortable speaking openly with your lawyer. However, privilege rules can be complicated, and exceptions may apply depending on the situation. If you have questions about a personal injury case, we can help you understand your rights and legal options.

For more information, contact an experienced personal injury lawyer at Carrion Accident & Injury Attorneys, PLLC to schedule a free consultation.

We proudly serve clients from our offices in Queens, Manhattan, and Long Island. Our attorneys represent injury victims across Queens County, Nassau County, Suffolk County, New York County, and nearby communities throughout the New York metropolitan area.

When you need trusted legal guidance after an accident, remember one number: 212-CARRION.