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Keeping a Pain Diary
- How do you keep your diary confidential from ICBC?
- Communication between a client and his or her lawyer is "privileged. " This means that a judge cannot force you or your lawyer to disclose the privileged document. If, instead of keeping a diary, you write your lawyer a letter or a series or letters about your ongoing condition, the court might consider this correspondence privileged by the court (although there is no guarantee). If you know which lawyer you intend to use at some point, you could write that lawyer a letter about your ongoing condition. It would also help if you spoke with the lawyer about your case before you started your diary.
Eventually, a question will arise as to whether the ongoing letter was intended to be a letter to your lawyer or just a diary notation for yourself. It would be valuable, therefore, for you to use an inexpensive scribbler or other bound document to write your lawyer or intended lawyer, and to write on the first page of the scribbler a dated, formal letter to the lawyer. The following is an example:
Dear Sir [or Madam]
Re: my MVA of [date] & my progress
The following is a summary of my condition over time and my rehab efforts. I hope you find it of value.
I would be pleased to discuss it with you once you have had a chance to read it.
It is best to use your own words in your letter to your lawyer or intended lawyer.