Mark Casto | January 21, 2026 | Personal Injury Lawyer Near Columbus, Georgia
Attorney-client privilege is one of the most important protections in the legal system, yet it’s also one of the most misunderstood. Many people assume that anything they say to a lawyer is automatically protected, but the reality is more nuanced.
Understanding how attorney-client privilege works—and when it applies—can make a significant difference in your personal injury case in Columbus, GA.
What Is Attorney-Client Privilege?
Attorney-client privilege is a legal rule that protects confidential communications between a client and their attorney. The purpose is simple: to encourage open, honest communication. When clients know they can speak freely without fear that their words will later be used against them, attorneys are better equipped to provide accurate advice and effective representation.
In general, attorney-client privilege means that an attorney cannot be forced to disclose private communications made by a client for the purpose of seeking legal advice. This protection applies in both civil and criminal cases and is recognized in Georgia as well as all U.S. jurisdictions.
When Does Attorney-Client Privilege Apply?
For attorney-client privilege to apply, several key conditions must be met:
- There must be an attorney-client relationship: This doesn’t always require a signed contract, but the communication must be made to a lawyer (or their staff) acting in a legal capacity.
- The communication must be confidential: The conversation must be intended to be private.
- The purpose must be legal advice: Casual conversations or business discussions unrelated to legal guidance may not be protected.
If these elements are present, the communication is generally privileged—even if the information shared is embarrassing, damaging, or unfavorable to the client’s case.
What Is Not Protected by Attorney-Client Privilege?
While the privilege is broad, it is not absolute.
Certain communications are not protected, including:
- Conversations made in the presence of third parties: If you discuss sensitive matters with your lawyer while friends, family members, or coworkers are present, privilege may be waived.
- Communications for non-legal purposes: Advice about business strategy, public relations, or personal matters may fall outside the privilege.
- Facts versus communications: The privilege protects what you say to your lawyer, not the underlying facts. For example, documents or evidence that exist independently are not shielded simply because you shared them with your attorney.
- Future crimes or fraud: Communications that seek assistance in committing or covering up a crime or fraud are not protected.
Understanding these limitations is critical, as many clients unintentionally waive their privilege without realizing it.
How Attorney-Client Privilege Can Be Waived
One of the most common ways privilege is lost is through waiver.
Waiver can occur intentionally or accidentally, such as:
- Sharing privileged emails or messages with third parties
- Discussing legal advice publicly or on social media
- Forwarding attorney communications to non-privileged recipients
- Allowing others access to confidential legal files
Once privilege is waived, the information may become discoverable and usable by the opposing party, potentially harming your case.
How Attorney-Client Privilege Affects Your Case
Attorney-client privilege can directly impact the strength and strategy of your personal injury case. When privilege is intact, it allows your attorney to fully understand the facts—both good and bad—and prepare the most effective legal approach. It also protects you from having your private discussions exposed during discovery, depositions, or trial.
On the other hand, misunderstanding or misusing the privilege can create serious problems. Statements you believed were protected may become admissible evidence if privilege is waived. This can weaken your position, limit your legal options, or even expose you to additional legal risk.
Best Practices for Protecting Attorney-Client Privilege
To safeguard your privilege and protect your case:
- Speak openly with your attorney, but only in private settings
- Avoid copying or forwarding legal communications to others
- Do not discuss legal advice on social media or with non-essential parties
- Ask your attorney if you’re unsure whether something is privileged
- Treat communications with your lawyer as confidential at all times
Being proactive and cautious can help ensure your legal rights remain protected.
Contact Mark Casto Personal Injury Law Firm for a Free Consultation With a Columbus Personal Injury Attorney Today
Attorney-client privilege is a powerful legal protection, but it only works when properly understood and respected. Knowing what is—and is not—covered can help you avoid costly mistakes and strengthen your case.
If you have questions about privilege or how it applies to your specific situation, speaking directly with an experienced Columbus personal injury lawyer is always the best next step. Contact Mark Casto Personal Injury Law Firm for a free, no-obligation consultation.
If you were injured in an accident in Columbus, GA, and need legal help, contact our Columbus personal injury lawyers at Mark Casto Personal Injury Law Firm to schedule a free case review today.
Mark Casto Personal Injury Law Firm
233 12th St #808, Columbus, GA 31901
(706) 940-4030