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When you suffer an injury due to someone else’s negligence, one of the ways to seek compensation is through a personal injury case. While medical expenses and lost wages are relatively easy to calculate, determining the value of pain and suffering is more complicated. Understanding how pain and suffering are calculated can help you ensure you receive fair compensation for your damages.

What Is Pain and Suffering?

While many people are familiar with the term “pain and suffering” in the context of a personal injury case, most don’t understand what it means and how it is calculated. Pain and suffering refer to the physical and emotional distress experienced due to an injury. This includes not only the immediate pain caused by the injury but also long-term effects like chronic pain, mental health challenges, emotional distress, and loss of enjoyment of life. Unlike medical bills, which have a clear financial value, pain and suffering are subjective and require careful evaluation.

How Can Pain and Suffering Be Calculated?

There is no one perfect formula for calculating pain and suffering in a personal injury case. However, attorneys and insurance companies typically use two methods: the Multiplier Method and the Per Diem Method.

The Multiplier Method

The Multiplier Method calculates pain and suffering by multiplying the total economic damages (like medical bills and lost wages) by a number typically ranging from 1.5 to 5. The severity of the injury determines the multiplier. For example, they might use 1.5-2 for minor injuries and 5 for serious injuries with lifelong consequences.

For example, if your medical bills and lost wages total $50,000 and a multiplier of 3 is applied, your pain and suffering damages would amount to $150,000, bringing your total compensation to $200,000.

The Per Diem Method

The Per Diem Method assigns a daily rate to your pain and suffering and multiplies it by the number of days you were affected. This method is often used for short-term injuries with a clear recovery period. For example, if the daily rate is $200 and you take 180 days to recover, your pain and suffering damages would be $36,000.

What Factors Can Influence Pain and Suffering Compensation?

Since pain and suffering are subjective and not the same for everyone, several factors influence how they are calculated in a personal injury case. Some of the things considered include:

• Severity of the Injury: More serious injuries generally result in higher compensation to reflect their seriousness.
• Impact on Daily Life: If the injury prevents you from working or enjoying daily activities, your compensation may be higher.
• Length of Recovery: The longer it takes you to recover, the greater the compensation you will often receive.
• Medical Treatment Required: Surgeries, physical therapy, mental health treatment, and long-term care can increase the value of your pain and suffering.
• Emotional and Psychological Trauma: Anxiety, depression, PTSD, and other mental health issues can increase the amount awarded.
• Strength of Evidence: Medical records, expert testimony, and personal accounts will all strengthen your claim.

Is There a Limit to Pain and Suffering in Maryland?

In Maryland, there is a cap on non-economic damages, including pain and suffering, in a personal injury case. As of early 2025, this cap is $950,000 for personal injury claims, and it typically increases every year. In cases involving wrongful death with multiple beneficiaries, the cap is higher. Understanding these limits is essential when pursuing compensation.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Dealing with the aftermath of a car accident can be overwhelming, especially when it comes to working with insurance companies. Knowing how to communicate effectively and protect yourself can make a significant difference in the outcome of your claim. How can you avoid the most common mistakes that many drivers make?

Safety First

Before contacting your insurance company, ensure your safety and the safety of others at the scene. Call 911 if necessary and seek medical attention for any injuries. Your health comes first! If it is safe to do so, document the scene by taking photos or videos of the vehicles, damage, license plates, weather conditions, and the surrounding area. Collect contact information from witnesses and the other driver(s), including their insurance details. This evidence can be critical when dealing with insurance adjusters.

Contact Your Insurance Company

Most insurance policies require you to report accidents promptly. Contact your insurer as soon as possible to inform them of the incident. Provide basic details about the accident, but avoid giving lengthy or detailed recorded statements until you’ve consulted with an attorney. Stick to the facts and avoid speculating about fault or liability. The words that you say can and will be used against you later.

Work with an Experienced Attorney

Navigating the insurance claims process can be challenging, especially when dealing with significant injuries or disputes over fault. An experienced personal injury attorney can protect your rights throughout your car accident claim, handle communications with insurance companies, and negotiate on your behalf to secure fair compensation.

Never Assume Insurance Is On Your Side

If the other driver’s car insurance company contacts you, be cautious about what you say. Insurance adjusters may seem friendly, but their goal is to minimize the payout for your car accident claim. You are not obligated to provide a recorded statement or extensive details to the other driver’s insurer without legal guidance. Politely decline until you have consulted your attorney.

Additionally, even if you believe you may have contributed to the accident, avoid admitting fault to either car insurance company. Determining fault is a complex legal matter that involves examining evidence and laws, and the confusion of a car accident can lead some drivers who are definitively not at fault to wrongly admit guilt. Admissions of fault can jeopardize your claim and reduce your compensation.

Don’t Rush to Settle Your Car Accident Claim

Insurance companies often try to settle claims quickly to minimize their costs. While it may be tempting to accept a fast payout, doing so could leave you with inadequate compensation for medical expenses, lost wages, and other damages. Consult with an attorney to evaluate whether the settlement offer is fair before agreeing to anything.

Know the Tactics Insurance Companies Use

Insurance adjusters may use a variety of tactics to reduce or deny your claim. These can include:

• Downplaying your injuries: Adjusters might argue that your injuries are less severe than they actually are.
• Disputing liability: They may claim you were partially or fully at fault to reduce their liability.
• Delaying the process: Prolonging the claims process can pressure you into accepting a lower settlement as you struggle to cover your bills and living expenses.

Being aware of these tactics can help you stay prepared and respond appropriately.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are dealing with injuries in the aftermath of a car accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Meeting with an attorney for the first time can feel intimidating, especially if you’ve never worked with one before. The good news is that your initial consultation is an opportunity to discuss your legal issue, understand your options, and determine if the attorney is the right fit for your needs. Here are our best tips for preparing for your initial consultation.

Know What the Initial Consultation Is For

The initial consultation with your attorney is not just about explaining your case. It’s also a chance for you to evaluate the attorney’s experience, communication style, and approach. In the same vein, the attorney you’re meeting with will assess your situation to determine if they can assist you. Keep in mind that this first meeting is typically a preliminary discussion and not a deep dive into your case.

Bring Relevant Documents

To help the attorney understand your situation, bring all relevant documents to your initial consultation. These might include things like:

• Contracts or agreements
• Court orders
• Medical records (for personal injury or medical malpractice cases)
• Police reports
• Correspondence, such as emails or letters
• Financial records
• Any other paperwork related to your legal issue

Organize these documents chronologically if possible, as this will make it easier for the attorney to follow the timeline of events. Depending on your case, your attorney may ask for these documents in advance or ask to make copies of them.

Prepare a Quick Summary of Your Case

Before your initial consultation, it’s a great idea to write a brief summary of your situation. It can be hard to gather your thoughts on the spot, so this will save you and your potential attorney time. Make sure that you include key facts, dates, and any steps you’ve already taken. Be concise but thorough and focus on the most relevant information.

Think About What Questions You Have

Your consultation is a chance to get answers to your questions. Writing them down beforehand ensures you won’t forget anything important. Consider asking questions like:

• What is your experience with cases like mine?
• What are the possible outcomes of my case?
• What is your approach to handling cases?
• How will we communicate, and how often?
• What are your fees, and how are they structured?

Legal matters can be complex, and the solutions aren’t always straightforward. Be open to the attorney’s advice and recommendations, even if they’re not what you expected.

Be Honest About Your Case

It’s essential to provide accurate and complete information during your consultation. Attorneys rely on the facts you provide to assess your case and give advice. Leaving out details or misrepresenting the situation could lead to misunderstandings or an inaccurate assessment of your case. Remember that an attorney’s job is to provide legal advice and represent your best interests, so your openness will allow them to help you as much as possible.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are involved in a personal injury case or think that you need the help of an attorney, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Medical records play a critical role in personal injury cases, as they provide key evidence to substantiate your claim and establish the extent of your injuries. By understanding how to properly utilize medical documentation, you can strengthen your case and improve your chances of obtaining fair compensation. How could medical records be used in your personal injury case?

Show How Serious Your Injuries Are

Medical records provide a detailed account of the injuries you sustained as a result of the accident you were involved in. These documents can include things like diagnosis reports, imaging results like X-rays or MRIs, treatment plans, and doctor’s notes. This evidence not only validates the existence of your injuries but also demonstrates their severity, which is important for determining the compensation you deserve for medical expenses, lost wages, and pain and suffering.

Establish a Link Between the Accident and Your Injuries

To succeed in a personal injury case, you must be able to show that your injuries were caused by the accident in question. Medical records create a clear timeline by documenting when your injuries were diagnosed and treated. For example, if you sought immediate medical attention after your car accident, your medical records from visiting the emergency room later that day will show a direct link between the accident and your injuries.

Demonstrate the Lasting Impact of Your Injuries

Some injuries have lasting effects that require ongoing treatment or result in permanent disabilities. Medical records help your legal team show the long-term implications of your injuries. Documents like prognosis reports, physical therapy notes, and specialist visit notes can all help when you are seeking compensation for future medical expenses and reduced earning capacity.

Corroborate Your Personal Testimony

Your personal testimony about the pain and challenges you’ve faced since the accident can be backed up by medical records. For example, if you describe persistent pain since your injury, your doctor’s notes and test results can provide objective evidence to support your claims. Because your testimony and the medical documentation match, it will strengthen your credibility.

Refute Attempts to Minimize Your Injuries

Insurance companies and other defendants may try to downplay your injuries to reduce the compensation you receive. Medical records serve as a powerful counter to these tactics, as they will help you show indisputable evidence of your condition. If an insurer claims your injuries are pre-existing or unrelated to the accident, detailed medical documentation can show that is not the case.

Show How Much Has Been Spent on Treatment

Comprehensive medical records will include detailed billing information, which is essential for calculating the economic damages for your case. Your records will itemize expenses like emergency room visits, surgeries, medications, physical therapy, and follow-up appointments. This financial evidence is crucial when negotiating settlements or presenting your case in court.

How Can You Manage Your Records?

To make the most of your medical records in your personal injury case, make sure that you keep things organized. To manage your records:

• Keep Copies: Request copies of all medical records related to your treatment, including test results, prescriptions, and bills.
• Organize Documentation: Maintain a well-organized file of your medical records for easy reference.
• Share with Your Attorney: Provide your attorney with complete and accurate records to help them build a strong case.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you were injured in an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

As a commercial driver’s license (CDL) holder, your livelihood depends on your ability to operate a vehicle. In Maryland, a DUI (Driving Under the Influence) or DWI (Driving While Impaired) conviction can have devastating consequences, not only for your career but also for your personal life. Understanding the unique legal standards and penalties CDL holders face is essential to protecting your future.

CDL Holders Are Held to Stricter Standards

CDL holders are held to higher standards than non-commercial drivers. While the legal blood alcohol concentration (BAC) limit for most drivers in Maryland is 0.08%, CDL holders are considered over the limit with a BAC of 0.04%. This stricter threshold applies even if the driver is operating a personal vehicle at the time of the offense. Additionally, any DUI/DWI offense is reported to the Maryland Motor Vehicle Administration (MVA) and can lead to immediate consequences for your CDL, regardless of whether you were on or off duty.

What Are the Immediate Consequences of a DUI or DWI?

A DUI/DWI conviction can result in severe penalties for CDL holders in Maryland:

1. License Disqualification: For a first offense, CDL holders typically face a one-year disqualification from operating commercial vehicles. If the offense involves the transportation of hazardous materials, the disqualification period increases to three years. A second offense often leads to a lifetime CDL disqualification, though reinstatement may be possible after 10 years in certain cases.
2. Employment Challenges: Most employers in the transportation industry have zero-tolerance policies for DUI/DWI convictions. Even if reinstatement is possible, finding employment as a commercial driver with a DUI/DWI on your record can be extremely challenging.
3. Personal Vehicle Impact: DUI/DWI penalties also apply to your standard driver’s license, which could lead to additional fines, points on your license, or mandatory participation in alcohol education programs.

Is There Hope?

Yes, CDL holders are held to the same standard as everyone else—innocent until proven guilty. If you are able to avoid a conviction, you can mitigate most of the damage to your career. If you’ve been charged with a DUI/DWI in Maryland, it’s crucial to act quickly:

1. Consult an Experienced Attorney: A skilled attorney can help you understand your rights, explore possible defenses, and negotiate for reduced charges or penalties. Some of the most common defenses include challenging the validity of the traffic stop, disputing BAC test results, or proving procedural errors during your arrest.
2. Consider a Plea Bargain: In some cases, your attorney may negotiate for a lesser charge, such as reckless driving, which may carry less severe consequences for your CDL.
3. Rehabilitation Programs: Voluntarily enrolling in an alcohol education or rehabilitation program can demonstrate your commitment to improving your behavior and may influence sentencing outcomes.

How Can You Protect Your CDL?

The best way to protect your CDL is to avoid any and all situations that could lead to a DUI/DWI charge. All CDL holders should:

• Plan Ahead: Use a designated driver or ride-sharing service if you plan to consume alcohol. Remember that the BAC standard you are held to is stricter, so a couple of drinks could leave you with permanent consequences.
• Know the Limits: Understand how alcohol affects your body and avoid any amount of drinking if you are not able to sober up for an extended period of time before driving.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are pulled over under suspicion of driving under the influence, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

The holiday season is here, which means that many police departments are conducting checkpoints to prevent drunk driving. The increase in drivers hitting the roads after indulging too much at holiday parties also means that many officers are more aggressive in pulling drivers over who may be driving under the influence or driving erratically. If you are pulled over under suspicion of driving under the influence, you may be asked to participate in field sobriety tests. While these tests can seem intimidating, understanding how they work and what your rights are can help you keep a cool head.

What Are Field Sobriety Tests?

Field sobriety tests are small, simple tasks that are designed to give police officers an indication of whether or not a driver is impaired by alcohol or drugs. The three most common tests that you might encounter in Maryland are:

1. The Horizontal Gaze Nystagmus Test: This test evaluates involuntary eye movements when the driver follows a moving object, such as a pen or flashlight. The officer will watch for wobbles or jerks in your eyes as you follow the object from side to side.
2. The Walk-and-Turn Test: The driver will be instructed to walk in a heel-to-toe straight line, turn around, and return. The instructions are considered part of the test, as the driver starting the test before hearing the instructions can be a red flag for intoxication.
3. The One-Leg Stand Test: For this test, the driver must balance on one leg for about 30 seconds without swaying, using their arms for balance, or putting their foot down.

While those three tests are the most common, some other tests can be performed, like asking the driver to recite the alphabet.

Do You Have to Perform Field Sobriety Tests?

In Maryland, field sobriety tests are voluntary, which means that you are not legally required to perform them. Unlike refusing to take a breathalyzer test, Maryland does not impose any automatic legal penalties for refusing to take a field sobriety test. However, declining any of these tests may raise suspicions and could lead to an arrest if the officer believes other signs indicate impairment

What Happens If You Fail a Field Sobriety Test?

Failing a field sobriety test does not automatically mean you will be convicted of a DUI. It can, however, give the police officer probable cause to arrest you and conduct further testing, like a breathalyzer or blood test. It is crucial to consult with an experienced Maryland DUI attorney to understand your options and build a strong defense.

Are Field Sobriety Tests Reliable?

While field sobriety tests are widely used, they are not foolproof. Studies show they have various degrees of accuracy, with the horizontal gaze nystagmus test boasting a 77% rate of accuracy and the one-leg stand test considered only 65% accurate. A variety of factors like medical conditions, fatigue, nervousness, and uneven surfaces can significantly impact performance on field sobriety tests, even for people who are completely sober.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are pulled over under suspicion of driving under the influence, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

A criminal record can cast a long shadow over your life, limiting access to employment opportunities, housing, and education. Even minor offenses from many years ago can create challenges depending on what field of employment you’re looking to enter. In Maryland, however, you may be eligible for a fresh start through a legal process known as expungement. By clearing your criminal record, expungement offers the chance to rebuild your future free from the stigma of past mistakes.

What Is Expungement?

Expungement is the removal of certain criminal records from public access. When a record is expunged, it’s like the offense never happened. With expungement in Maryland, the record is either destroyed or sealed and you are not required to disclose the expunged offense in most situations. Expungement can apply to a wide range of records, including arrests, charges, and in some cases, convictions. While expungement can’t erase the past, it can remove some of the barriers that criminal records often create.

Do You Qualify for Expungement in Maryland?

The law outlines specific conditions under which someone can seek expungement in Maryland. Eligibility depends on the type of offense, the outcome of the case, and the amount of time that has passed. For example, charges that were dismissed, dropped, or resulted in a finding of not guilty are often eligible for expungement. Probation before judgment (PBJ) cases are eligible once the probation period has been completed, provided the offense is not one that bars expungement like a DUI. Additionally, minor misdemeanor convictions may qualify after a set waiting period, and offenses that have been decriminalized, such as the possession of small amounts of marijuana, can be expunged.

What Are the Benefits of Expungement?

There are huge practical and emotional benefits of expungement in Maryland. Without the weight of a visible criminal history, you can approach employment opportunities with renewed confidence. For example, job seekers often face background checks as part of the hiring process. A criminal record can result in automatic disqualification, even for roles unrelated to the offense. Expungement removes this obstacle, which levels the playing field for employment. Similarly, landlords sometimes deny housing applications based on criminal records. Expungement ensures that your past mistakes won’t interfere with your future any longer.

Why Should You Work With an Attorney for Expungement in Maryland?

Navigating the legal system can be daunting, particularly if you’re unsure of your eligibility for expungement in Maryland or how to file a petition. An experienced attorney can streamline the process, ensure that your petition is complete, and walk you through the submission process. With professional guidance, you can maximize your chances of successfully clearing your record.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are interested in expungement in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

If you’ve been hurt in an accident caused by someone else’s actions, you may be entitled to compensation, and one of the ways to get it is through a personal injury lawsuit. However, successfully pursuing a claim requires more than just showing that you were hurt—you must prove that the other party was negligent. In Maryland, understanding how negligence is proven can help you navigate the complexities of your case and build a stronger claim.

What Is Negligence in Maryland Personal Injury Cases?

Negligence occurs when a person or entity fails to exercise reasonable care and it results in harm to someone else. Reasonable care refers to the level of caution that an ordinary person would exercise in similar circumstances. To prove negligence in Maryland, you must establish four key elements.

Duty of Care

Duty of care is the idea that the defendant had a duty to act or not act in a specific way to prevent harm. For example, drivers have a duty to follow traffic laws and stop at stop signs and red lights. Not doing so is a violation of their duty.

Breach of Duty

Next, breach of duty occurs when the other party fails to meet their duty of care by acting carelessly, recklessly, or not acting at all. Examples of breach of duty include texting while driving and causing an accident or deliberately ignoring a spill that leads to a slip-and-fall injury.

Causation

To show causation, you’ll need to demonstrate that the defendant’s breach of duty led to your injuries or the accident.

Damages

Finally, you need some type of damages for any personal injury lawsuit. You must show that you faced losses, like medical bills, lost wages, or pain and suffering.

Maryland’s Contributory Negligence Rule

Maryland follows a contributory negligence standard, which can significantly impact your ability to recover compensation. Under this rule, if you are found even 1% at fault for your injury, you cannot recover damages from the other party. For example, if you were injured in a car accident but were speeding at the time, the defendant could argue that your speeding contributed to the crash. Because of this challenging and strict standard, it’s important to work with an experienced personal injury attorney who can build a strong case and counter any claims of shared fault.

How Can You Prove Negligence in a Personal Injury Lawsuit

Building a compelling personal injury case requires gathering evidence to demonstrate the four elements of negligence we reviewed above. Some of the most common types of evidence include:

• Accident Reports: Police reports or incident reports can provide details about the circumstances of the accident.
• Photographs and Videos: Images or footage of the accident scene, weather conditions, or injuries can demonstrate how the defendant’s actions caused harm.
• Eyewitness Testimony: Statements from individuals who witnessed the incident can support your account of events.
• Medical Records: Documentation of your injuries and treatment helps establish the extent of your damages.
• Expert Testimony: Professionals, such as accident reconstructionists or medical experts, can provide specialized insight into how the defendant’s actions caused your injury.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are injured in Maryland and looking to explore a personal injury lawsuit, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

If you find yourself facing arrest in Maryland, it’s important to understand your rights. Regardless of the reason why you are being arrested, knowing what rights protect you during an arrest can significantly impact the outcome of your case. What are your rights during an arrest in Maryland?

You Have the Right to Remain Silent

When most people think about rights during arrest, they think about the right to remain silent. It’s often mentioned on television and in movies, but what does it actually mean? Under the Fifth Amendment of the U.S. Constitution, you are protected from self-incrimination. Because anything you say can be used against you in court, your right to not answer questions can help you avoid self-incrimination.

However, it’s important to note that you need to invoke your right to remain silent. Simply remaining silent is not enough to protect you. You can also choose to invoke your rights after you’ve already begun answering questions. Additionally, make sure that you stay calm when invoking your rights and that you don’t resist arrest or act in an uncooperative fashion.

You Have the Right to Speak to an Attorney

In addition to the right to remain silent, you have the right to legal representation. This right is promised to you under the Sixth Amendment. Police may pressure you to answer questions and say that it will take a long time for your attorney to arrive. However, you are allowed to insist on contacting your attorney. It’s highly advisable to invoke your right to an attorney as soon as possible.

During any questioning, you have the right to have your attorney present. Once you request a lawyer, the police must stop asking you questions until your attorney arrives. Having legal representation can help you avoid saying something that could be harmful to your case and will help ensure that your rights are protected throughout the legal process.

You Have the Right to Know the Charges Against You

When you’re arrested, you have the right to know why you’re being detained. The police must inform you of the charges against you. They cannot arrest you without probable cause, which means that they need sufficient evidence to believe that you have committed a crime. If the officers do not have probable cause, the arrest could be unlawful, and any evidence obtained during the arrest may be inadmissible in court.

You Have the Right to Medical Attention

If you are injured in an accident right before your arrest or during an arrest, or you have a medical condition that requires treatment, you have the right to receive medical attention. Maryland law enforcement officers are required to ensure that you are safe and that your medical needs are met. If you require medical care, you should request it immediately, as it is one of your rights during an arrest.

Why Legal Representation Matters

Having a lawyer by your side after an arrest can make all the difference in the outcome of your case. An experienced attorney will ensure that your rights are respected and can challenge any improper conduct by law enforcement. They can also work to negotiate a fair resolution to your case, whether through plea negotiation or fighting the charges in court.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are arrested in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Attorney-client privilege is a critical part of the legal system, as it provides clients with assurance that their communications with their attorneys are confidential. However, misconceptions about attorney-client privilege are very common and can lead some people to not have the strongest case possible presented in court. Understanding the truths behind the myths can help you navigate legal issues more confidently and protect your rights.

Myth 1: Everything You Say to Your Attorney Is Protected

While attorney-client privilege does protect most communications between a lawyer and their client, not everything you share is covered. One key exception to attorney-client privilege is the crime-fraud exception. If you talk to your attorney about something with the intent of committing or covering up a crime or fraud, your communications are not considered privileged. This is to help prevent the misuse of legal advice for illegal purposes. For example, if you tell your lawyer that you were drinking the night of a car accident, that confession is protected. However, if you tell your attorney that you plan on robbing a bank next week, that is not protected.

In the state of Maryland, if an attorney thinks that a client is using their services to commit or prepare to commit a crime, they may be obligated to disclose the information or risk facing criminal charges and disciplinary sanctions themselves.

Myth 2: Only Written Communication Is Protected

Attorney-client privilege is not limited to written communications—it also covers oral conversations, emails, phone calls, and other forms of communication between a client and their lawyer, as long as the discussion is related to seeking or providing legal advice. For example, if you have an in-person meeting with your lawyer to talk about the details of your case, the information shared in that meeting is generally protected. In the same vein, if you communicate with your attorney over email, that exchange is covered by attorney-client privilege, providing it pertains to legal advice.

Myth 3: Attorney-Client Privilege Covers Physical Evidence

One common misconception is that attorney-client privilege extends to physical evidence of a crime. In reality, the privilege applies to communication, not to objects or physical evidence. If you hand over physical evidence, such as a weapon or a document related to a crime, your attorney may have a legal obligation to disclose or turn over that evidence to authorities. However, discussions about evidence or instructions on how to handle it are typically protected under attorney-client privilege. For example, if you tell your lawyer how a piece of evidence relates to your case, that conversation is privileged. It’s important to distinguish between physical evidence and confidential discussions about it.

Myth 4: Attorney-Client Privilege Is Permanent

While attorney-client privilege generally lasts beyond the end of the attorney-client relationship, it is not always absolute. In certain situations, the privilege can be waived or lost. For example, if a client shares privileged information with others outside the attorney-client relationship, they may have effectively waived their right to confidentiality. This is why it’s crucial for clients to refrain from discussing their legal matters with people who are not part of their legal team. In Maryland, the privilege may also be waived if a client claims ineffective assistance of counsel. In such cases, communications that would typically be protected may be disclosed as evidence in court to determine whether the attorney fulfilled their obligations.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are arrested in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.