A rule that keeps communications between an attorney and her client confidential and bars them from being used as evidence in a trial, or even being seen by the opposing party during discovery.
n. the requirement that an attorney may not reveal communications, conversations and letters between himself or herself and his/her client, under the theory that a person should be able to speak freely and honestly with his/her attorney without fear of future revelation. In a trial, deposition, and written questions (interrogatories), the attorney is required and the client is entitled to refuse to answer any question or produce any document that was part of the attorney-client contact. The problem sometimes arises as to whether the conversation was in an attorney-client relationship. If a man tells his neighbour, who happens to be an attorney, that he embezzled funds, is he doing so while seeking legal advice or just chatting over the fence (which is the test)? If a document was prepared as part of the legal preparation for a client, it is usually a “work product” and is also privileged. Similar privileges exist between pastor and parishioner and doctor and patient.
Attorney-Client Privilege is a legal principle that protects the confidentiality of communications between an attorney and their client. It establishes that any information shared by the client with their attorney, or vice versa, is privileged and cannot be disclosed without the client’s consent. This privilege encourages open and honest communication between attorneys and clients, allowing clients to freely discuss their legal matters without fear of their statements being used against them in court or other legal proceedings. The attorney-client privilege is a fundamental right that helps maintain trust and confidentiality in the attorney-client relationship, promotes effective legal representation, and ensures a fair and just legal system.
Attorney-client privilege is a legal principle that protects the confidentiality of communications between an attorney and their client. It ensures that clients can freely and openly communicate with their attorneys without fear that their discussions will be disclosed to others.
The privilege applies to both oral and written communications, as well as any advice or legal opinions provided by the attorney. It covers not only the client’s statements but also any information shared by the attorney in response.
The purpose of attorney-client privilege is to promote trust and candour between clients and their attorneys, allowing clients to provide all relevant information without hesitation. This privilege encourages clients to seek legal advice and representation, as they can be assured that their communications will remain confidential.
However, there are certain exceptions to attorney-client privilege. For instance, if a client seeks legal advice to commit a crime or fraud, the privilege may not apply. Additionally, if the client discloses information to a third party or if the attorney’s services are sought for business or non-legal matters, the privilege may not extend to those communications.
Attorney-client privilege is a fundamental aspect of the legal profession and is protected by law in many jurisdictions. It serves as a crucial safeguard for clients, ensuring that they can freely and openly communicate with their attorneys, knowing that their discussions will remain confidential.
Frequently Asked Questions about Attorney-Client Privilege:
Q1: What is attorney-client privilege?
A1: Attorney-client privilege is a legal concept that protects the confidentiality of communications between an attorney and their client. It ensures that clients can freely and openly discuss their legal matters with their attorneys without fear of those discussions being disclosed to others.
Q2: Who does attorney-client privilege apply to?
A2: Attorney-client privilege applies to any individual or entity seeking legal advice from an attorney. It covers both individuals and organisations, such as corporations or government agencies.
Q3: What types of communications are protected by attorney-client privilege?
A3: Attorney-client privilege protects any confidential communications made between an attorney and their client for the purpose of seeking or providing legal advice. This includes oral discussions, written correspondence, emails, text messages, and any other form of communication.
Q4: Can attorney-client privilege be waived?
A4: Yes, attorney-client privilege can be waived, but it must be done voluntarily by the client. If a client chooses to disclose privileged information to a third party or in a public setting, the privilege may be waived, and the information may no longer be protected.
Q5: Are there any exceptions to attorney-client privilege?
A5: Yes, there are a few exceptions to attorney-client privilege. For example, if a client seeks legal advice to commit a crime or fraud, the privilege may not apply. Additionally, if the attorney and client are engaged in an ongoing dispute, communications related to that dispute may not be privileged.
Q6: Does attorney-client privilege apply after the client’s death?
A6: Yes, attorney-client privilege generally survives the client’s death. The duty to maintain confidentiality extends beyond the client’s lifetime and is typically transferred to the attorney’s successors or representatives.
Q7: Can attorney-client privilege be used to cover up illegal activities?
A7: No, attorney-client privilege cannot be used to protect or cover up illegal activities. If an attorney becomes aware that their client is planning or engaging in criminal conduct, they may have a legal and ethical duty to report it.
Q8: Can attorney-client privilege be breached by the attorney?
A8: Attorneys have a duty to maintain client confidentiality and protect attorney-client privilege. However, there are limited circumstances where an attorney may be required to disclose privileged information, such as when necessary to prevent imminent harm or comply with a court order.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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