What Not to Tell Your Attorney in Denver, and What You Should Never Leave Out

This page provides general information only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Laws vary by jurisdiction and change frequently. Always consult a licensed attorney for advice specific to your situation.

Attorney-Client Privilege in Colorado: What It Protects

Colorado generally protects confidential communications between you and your lawyer through a privilege statute and a separate confidentiality rule. Both have limits.

Protection	What it says	Where it comes from
Attorney-client privilege	An attorney “shall not be examined without the consent of” the client about any communication the client made to the attorney or the advice given in the course of professional employment.	C.R.S. 13-90-107
Privilege for the lawyer’s staff	A secretary, paralegal, legal assistant, or clerk can’t be examined about facts learned in that job without the attorney’s consent	C.R.S. 13-90-107(1)(b)
Confidentiality	A lawyer “shall not reveal information relating to the representation of a client” unless the client gives informed consent, the disclosure is impliedly authorized to carry out the representation, or a listed exception applies.	Colo. RPC 1.6(a)

The two privilege rows are about testimony. The confidentiality rule is broader and covers information about your case generally.

The privilege belongs to you, and only you can waive it, according to a 2018 Colorado Supreme Court decision. It also has exceptions. Under the crime-fraud exception, a court can remove the protection from a communication made in furtherance of a crime or fraud, after the party seeking it makes a specific showing.

The confidentiality rule has exceptions. It lets a lawyer reveal information in a short list of situations, to the extent the lawyer reasonably believes necessary (Colo. RPC 1.6(b)). The ones worth knowing are:

• To reveal a client’s intention to commit a crime and the information needed to prevent it
• To prevent a client’s fraud that used the lawyer’s services and is reasonably certain to cause substantial financial injury
• To prevent reasonably certain death or substantial bodily harm
• To comply with other law or a court order

The first three are about preventing future harm or wrongdoing. The fourth applies when a law or a court order requires disclosure.

Telling your lawyer about a crash, a prior back injury, or a mistake at the scene doesn’t ordinarily trigger any of them. Disclosure can still be permitted or required in particular situations under the ethics rules, other law, or a court order.

Is a Free Consultation Confidential?

You may wonder whether you can be open with a lawyer you haven’t hired yet. Colorado’s rules address that directly.

A person who consults with a lawyer about forming a client-lawyer relationship becomes a prospective client. Even when no relationship follows, a lawyer who has learned information from a prospective client “shall not use or reveal that information,” except as the rule on former clients permits (Colo. RPC 1.18).

So you can describe what happened at the first meeting without first deciding to hire the firm.

What Not to Tell Your Attorney, and What to Say Instead

Here’s what not to say to an injury lawyer, and what to say instead. Each swap makes what you tell your lawyer more accurate.

Instead of this	Say this
A guess stated as fact: “I was going exactly 30.”	“I think I was going about 30. I didn’t look at the speedometer.”
“I’m fine,” when you aren’t	“My neck still hurts when I turn left, and I haven’t slept through the night.”
An exaggeration: “I can’t do anything anymore.”	“I can’t lift my daughter or sit through a full shift.”
A version that skips your part	“I looked down at my phone a few seconds before the light changed.”
“Just tell me what to say.”	“Here’s what I remember, and here’s what I’m not sure about.”
“I need at least $50,000.”	“These are my bills so far, and this is the work I’ve missed.”

Guesses and exaggerations

Your lawyer builds the claim on what you tell them. If a detail turns out to be wrong, the insurance company can use the gap to question the rest of what you said. If you don’t know or aren’t sure, tell your lawyer that.

If you tell your lawyer you’re fine, your file will say you’re fine. Our post on when to see a doctor after a car accident in Colorado explains why early, honest medical records matter.

Your share of the blame

You might be tempted to omit the part where you were speeding, distracted, or late on the brakes. Tell your lawyer anyway.

In Colorado, you can recover if your negligence “was not as great as” the negligence of the person you’re claiming against, and your damages are reduced in proportion to your share (C.R.S. 13-21-111). If your share is equal to or greater than theirs, the court enters judgment for the defendant.

Your lawyer can only argue about your share of fault if they know the facts behind it. We cover the topic in more depth in our post on partial fault in a Colorado car accident.

Asking your lawyer to bend the facts

Asking your lawyer to bend the facts in your favor is a request your lawyer has to refuse. A Colorado lawyer can’t offer evidence they know is false (Colo. RPC 3.3(a)(3)).

If the lawyer, the client, or a witness the lawyer called has offered material evidence and the lawyer later learns it’s false, the same rule requires reasonable remedial measures, including, if necessary, telling the court.

A lawyer also can’t counsel or assist a client in conduct the lawyer knows is criminal or fraudulent, though they can discuss the legal consequences of a course of conduct with you (Colo. RPC 1.2(d)).

So ask “what happens if” as often as you want. Don’t ask a lawyer to help change a record, a date, or a story.

What You Should Never Leave Out

In our work with injured clients, these are the three things we see people hold back from their attorney:

1. An earlier injury or an earlier claim. A prior back or neck injury, an old workers’ compensation claim, or a past accident.
2. Social media posts. Photos, check-ins, and comments from after the crash.
3. Gaps in treatment. Missed appointments, or weeks that passed before you saw a doctor, can be gaps in treatment.

Each of these is something your lawyer can plan for when they hear it from you. Each is much harder to deal with when it first shows up in a letter from the insurance company.

Here’s what to do about each one:

• Earlier injuries and claims. Tell your lawyer what was hurt before, when, and who treated it. If you have them, please bring the names of the doctors.
• Social media. Inform your lawyer about what has been posted and where. Don’t delete or edit anything before you’ve asked them about it.
• Gaps in treatment. Explain the reason. Cost, child care, work, and transportation are all real reasons, and your lawyer needs to know which one applies.

The same goes for these:

• Anything you said to an insurance adjuster, especially on a recorded call
• Any form you signed for an insurance company, including a medical authorization
• A ticket you got at the scene
• Other insurance you have, such as health coverage, MedPay, or underinsured motorist coverage
• Earlier lawsuits or bankruptcies

If you signed a records release for the insurer, bring a copy. Our post on why insurers request blanket medical authorizations in Colorado explains what those forms open up.

What Not to Tell Anyone Else About Your Denver Car Accident Case

Attorney-client privilege doesn’t ordinarily cover what you tell insurance adjusters, friends, or coworkers just because you’re talking about your case. Be careful with:

• The other driver’s insurance adjuster. The adjuster works for that insurance company. Our post on mistakes after a car accident in Colorado covers what to watch for in those calls.
• Social media. People on the other side of your claim can read a post about how you’re feeling or a photo from a weekend out.
• Friends, coworkers, and group chats. A casual “I’m doing great” can be repeated later.
• Emails with your lawyer. Don’t forward them to anyone else.

A simple habit helps: discuss the crash and your injuries in detail with your doctors and your lawyer, and ask your lawyer how to handle questions from anyone else, including your insurance company.

What to Bring to a First Meeting With a Denver Car Accident Lawyer

A first meeting goes further when you bring documents. Gather what you can from this list, and don’t cancel the meeting over a missing item:

1. The police report number, or the report itself
2. Photos of the vehicles, the scene, and your injuries
3. Names and phone numbers of witnesses
4. Your auto insurance declarations page
5. Your health insurance card
6. Medical bills, discharge papers, and the names of every provider you’ve seen
7. Any letter, email, or form from an insurance company
8. Notes about what you’ve said to an adjuster and when
9. Pay stubs or a note from your employer showing missed work
10. A short list of earlier injuries and claims

Bring your questions too. If you’d like to know what a lawyer will ask about proof, our post on what it takes to win a car accident lawsuit in Denver lists what you have to show.

How We Treat What You Tell Us

We would much prefer to hear a troubling fact from you at the first meeting than from an insurance company later. A prior injury, a post you regret, a gap in treatment, a moment of inattention before the crash: none of these make us think less of you, and all of them are things we can prepare for.

We also don’t expect you to know which facts matter. Sorting that out is our job. Yours is to tell us what happened, in whatever order it comes to you.

And a consultation doesn’t commit you to anything. You can tell us what happened, ask what you’d like to ask, and decide afterward.

Talk With a Denver Car Accident Lawyer

If you were hurt in a crash and you’re unsure what not to tell your attorney or who else to talk to, start with a conversation with us. Our car accident lawyers in Colorado work from our Denver office.

The consultation is free, and there’s no fee unless we win. “No fee unless we win” describes the attorney’s fee. Expenses are separate, so read the expenses clause in any fee agreement, including ours.

Call (303) 209-9395 or write to us through our Denver contact page.

Frequently Asked Questions

Written by CGH Injury Lawyers.

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