Matthew Mincone | August 14, 2025 | Tampa Personal Injury Blog
Imagine you’ve just been injured in a car accident on I-275 in Tampa, FL. You’re shaken, stressed about medical bills, and unsure what to do next. You finally sit down with a personal injury lawyer and start explaining your side of the story—including details you might not want a judge or insurance company to know.
Now picture this: without attorney-client privilege, everything you just shared could potentially be used against you. That’s why this legal protection is so powerful—and why it matters to anyone pursuing a personal injury case in Florida.
When you share personal or sensitive information with a lawyer, attorney-client privilege dictates how much of that information stays private. It’s one of the oldest and strongest protections in U.S. law, designed to encourage open communication between clients and attorneys.
If you’re facing a legal matter in Tampa, FL, understanding attorney-client privilege can help you protect your rights, avoid missteps, and feel more confident about your case.
What Is Attorney-Client Privilege?
Attorney-client privilege is a legal principle that protects confidential communications between a client and their attorney. This means what you tell your lawyer in private generally cannot be revealed to others, including in court, without your permission.
The U.S. legal system relies on fairness and accuracy. Attorneys need their clients’ full story to build strong defenses or negotiate favorable settlements. Attorney-client privilege encourages that openness. Without it, many people might withhold crucial details, making it harder for lawyers to provide effective representation.
In Florida, the privilege is codified in Florida Statutes § 90.502, which explicitly protects lawyer-client communications from being disclosed in court.
Differences Between Attorney-Client Privilege and Ordinary Confidentiality
People often confuse confidentiality with privilege. They aren’t the same thing.
Confidentiality is an ethical duty. Lawyers can’t freely share what you tell them without your consent.
Privilege is a legal right. Courts cannot force your attorney to reveal protected communications.
Think of privilege as your shield in the courtroom and confidentiality as your lawyer’s promise to you outside of it. Together, they create a safe environment for honesty.
When Does Attorney-Client Privilege Apply?
Attorney-client privilege applies only under specific conditions.
For the privilege to hold, generally:
- The communication must be between an attorney (or their legal staff) and a client.
- The purpose of the communication must be for obtaining or giving legal advice.
- The communication must be intended to remain confidential.
For example, if you email your lawyer and ask for legal advice, that message is privileged.
Examples of Attorney-Client Privilege
Legal principles can feel abstract, so let’s make it practical.
Here are a few situations where the attorney-client privilege may protect you:
- Car accident in Tampa: You admit to your lawyer that you glanced at your phone right before a collision. That statement stays protected.
- Slip and fall at Publix: You tell your lawyer you’d had a few drinks before shopping. Again, protected.
Workplace accident: You share that you ignored some safety protocols. Still protected. - Text messages and emails: Still privileged, as long as they’re between you and your attorney regarding your case.
In each case, privilege allows your attorney to anticipate possible defenses and prepare for anything the other side might argue.
Are There Exceptions to Attorney-Client Privilege?
Yes. While strong, the attorney-client privilege isn’t absolute.
Courts recognize exceptions, including:
- Crime-fraud exception: If you seek legal advice to commit or cover up a crime or fraud, the privilege does not apply.
- Third-party presence: The privilege may be waived if a non-essential third party is present during your communication.
- Public statements: Anything you share publicly, even if previously discussed with your lawyer, is not protected.
- Future harm: If a client reveals an intent to harm someone, attorneys may have a duty to disclose this information.
Understanding these exceptions can prevent costly mistakes in your case. For example, privilege might not apply if you share accident details in a crowded café loud enough for others to hear or share with people not part of your legal team.
Common Misunderstandings About Privilege
Many people unknowingly put their privilege at risk.
Here are a few myths worth clearing up:
- Myth #1: “If I tell my lawyer something embarrassing, they might have to tell the court.”
Truth: Not unless it falls under a narrow exception (like planning a crime). - Myth #2: “I can forward my attorney’s email to my spouse and it’s still privileged.”
Truth: Sharing privileged communications with outsiders can waive the protection. - Myth #3: “Privilege applies even if I’m just chatting casually with a lawyer at a party.”
Truth: The communication must be for the purpose of seeking or giving legal advice.
Safeguarding privilege means being cautious about where and how you communicate.
Why the Attorney-Client Privilege Matters in Tampa Personal Injury Cases
For accident victims in Tampa, privilege can make or break a case.
Privilege ensures you can be fully transparent and facilitates:
- Building trust: You can freely discuss your accident, injuries, or mistakes without fear that your words will be used against you later.
- Shaping strategy: Your lawyer can craft stronger legal strategies with the whole picture.
- Protecting sensitive information: Opposing parties cannot force disclosure of your private conversations with your attorney.
- Encouraging honest communication: Even if you believe specific facts might hurt your case, sharing them ensures your lawyer can anticipate and address them.
For example, if you were in a car accident in Tampa and were partially at fault, it is important to tell your lawyer that. This is because Florida follows a modified comparative fault rule with a 51% bar to recovery.
This means you must be found to be less than 51% responsible for an accident to recover damages—that amount may then be reduced by your percentage of responsibility. If you don’t tell your lawyer about facts suggesting partial fault, they can’t prepare to defend against those arguments.
Contact the Tampa Personal Injury Attorneys at Mincone Personal Injury Lawyers for Help After an Accident
At Mincone Personal Injury Lawyers, we know trust is the foundation of any attorney-client relationship. Attorney-client privilege gives you the confidence to share everything you need to without fear. If you’ve been injured in Tampa and need legal help, we’re here to listen, explain your options, and protect your rights.
If you’ve been injured in an accident in Tampa, FL, contact our skilled personal injury lawyers at Mincone Personal Injury Lawyers to schedule a free consultation.
We proudly serve Hillsborough County and its surrounding areas:
Mincone Personal Injury Lawyers
1925 E 6th Ave Ste 10
Tampa, FL 33605
(813) 800-0810
Our firm is located near you. We have an office in Tampa
Find us with our GeoCoordinates: 27.9593512,-82.4369179
About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
