You probably already know about the attorney-client privilege, but in case you do not, let me explain what is means: anything you tell me during the course of my representation of you is privileged. I cannot an will not reveal it to anyone.
The attorney-client privilege is set out in the rules of the State Bar of Georgia. I can literally lose my license to practice law if I improperly reveal confidential information given me by a client.
The only exceptions to the attorney-client privilege are instances where a client tells his lawyer that he is about to commit a crime.
In a worker’ compensation case this means that anything you tell me about your medical condition, your work experience, your medical care, your use of illegal drugs, your previous cases and your part time job for cash are all privileged and confidential.
As such, you should answer my questions fully and completely, even if you end up revealing information that could harm your case. You should assume that if information is out there, the insurance company will find it. This is particularly true when it comes to prior medical treatment. Insurance companies use little known databases and even credit reports to investigate your past.
If there is something there that can be used to impugn your credibility, you are better off letting me know first so we can decide how to deal with the issue. The last thing that you want to see happen is a surprise during a deposition or at a hearing or medication.
I also expect you to listen to my advice. If, for example, you are working for cash at your brother-in-law’s store, I will not assert to the State Board or to insurance company that you are not working.
Honesty is always the best policy on a workers’ compensation case. Besides being the moral and ethical way to act, there is a good chance that any intentional misrepresentations will be exposed to your detriment.