What information can I share with my birth injury attorney? To explain this issue further, the context of this question came from concerns regarding what would be shared, if anything, with other family members who might be witnesses in the case. What this issue boils down to is confidentiality. Confidentiality is a bedrock principle of the attorney-client privilege.
For this educational article, I am basing the analysis on how these issues are handled in Maryland. If you are not in Maryland, but have questions about this issue, be sure to speak with your attorney for clarification, as different states might handle these issues in a different manner. In addition, the context for this discussion is based on civil issues. Although confidentiality protections apply in criminal cases, that discussion and the possible issues presented in criminal cases are not the focus of this article.
WHY IS CONFIDENTIALITY IMPORTANT?
Within the doctrine of attorney client privilege, confidentiality has played an important role. One of the reasons this is the case is because if what is told to an attorney can easily be revealed, then what incentive exists for clients to be truthful with their attorney? Attorneys must be able to have all relevant information from their client to be able to zealously advocate for their client’s position.
When clients are not truthful with their attorneys, problems occur. One of the reasons problems occur is because the attorney cannot prepare for the information that is “unknown.” Even if the information is “bad,” being truthful allows for the attorney and the client to work to prepare for the adverse information. Knowing that the information told to the attorney will be kept in confidence under the attorney client privilege allows for the free flow of information.
WHAT INFORMATION CAN I SHARE WITH MY BIRTH INJURY ATTORNEY?
As I mentioned above, the question of what information I can share with my birth injury attorney can come up in the context of other family members being possible witnesses in these cases. For example, grandmother might have been at the hospital during labor and delivery. Or an uncle may have been present. These individuals might have pertinent information as to what happened during labor and delivery.
In these cases, generally the attorney client relationship will exist between baby, mom, and dad. Because the privilege holds with them, the information they tell their attorney in confidence will not be revealed to others, including other family members. Just like I stated above, if the confidential information told to an attorney is not held in strict confidence, there is little to be gained being truthful with the attorney.
DO YOU NEED AN INVESTIGATION INTO YOUR CHILD’S BRAIN INJURY AT BIRTH?
If you have questions about your baby’s brain injury at birth, I would be happy to speak with you. We help families find answers regarding the cause of their baby’s brain injury. To speak with me further this is what I invite you to do. Pick up the phone and give me a call. I talk with families all the time about birth injury issues. These issues range from what we talked about in above regarding HIE, but also cerebral palsy and other birth trauma issues.
You can reach me at 301-850-4832.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
