BLOG

Are There Limits to Attorney/Client Privilege?

Robert Stahle • August 6, 2021
Two women are sitting next to each other in front of a window with a laptop.

The relationship between an attorney and their client is one of the strongest and most protected professional affiliations. When a client retains a defense lawyer , the attorney enters into a legally binding agreement in which they cannot share the client’s information or secrets with other people. This agreement is also known as the attorney/client privilege.

Here at Fitch & Stahle Law Office, our team of criminal attorneys understands that there are also limits to attorney/client privilege. Here is everything that Sioux City residents need to know about attorney/client privilege.

What is Attorney/Client Privilege?

Before discussing the limits of attorney/client privilege, we should first discuss what exactly it entails. The privilege applies when a potential or actual client receives legal advice from a personal injury lawyer or another type of lawyer, as long as the attorney/client relationship exists and the client intended the communication to be private and confidential. For instance, a person cannot expect there to be attorney/client privilege when asking their lawyer friend for legal advice at a party. At the time of the legal disclosure, the lawyer must be acting in a professional capacity.

If it is determined that the attorney/client privilege does exist, the lawyer cannot disclose the client’s secrets to anybody outside the law firm unless the lawyer has the client’s consent. When it comes to waiving the attorney/client privilege, only the client has the power to do so, not the attorney.

When Attorney/Client Privilege May Not Apply

The primary reason that attorney/client privilege may not be in effect is the crime-fraud exception. According to this rule, a client’s communication to their attorney isn’t privileged if they made it with the intention of committing or covering up a crime or fraud. Due to the fact that the attorney/client privilege belongs to the client, the client’s intent determines whether the exception applies. Most courts in Iowa and Nebraska will apply the exception even if the attorney had no knowledge of, and didn’t participate in, the actual fraud.

Here are some examples of where the crime-fraud exception would apply:


  • The client communicated with the lawyer with intent to further the crime or fraud or to cover it up
  • The client was in the process of committing or intended to commit a crime or fraudulent act

A Lawyer’s Obligations

In regards to attorney/client privilege, a lawyer has a few legal obligations that must be followed. They have the obligation for privacy when:


  • An actual or potential client communicates with a lawyer regarding legal advice
  • The lawyer is acting in a professional capacity
  • The client intended the communications to be private and acted accordingly

The attorney/client privilege generally stays in effect even after the client/attorney relationship ends, and even after the client dies.

Sioux City Criminal Attorneys

Here at Fitch and Stahle Law Office, we are committed to fighting for your legal rights in court, whether it’s a personal injury lawsuit or a criminal defense. For more information, contact us at 402-494-3012.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.