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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 October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.