Understanding Attorney-Client Privilege: Protecting Your Confidentiality
David Browne

Attorney-client privilege is a cornerstone of the legal system, providing a crucial layer of confidentiality between a lawyer and their client. This protection is vital for ensuring open and honest communication, helping individuals make informed decisions when seeking legal advice.

What is Attorney-Client Privilege?

This legal protection ensures that communications between a lawyer and their client remain confidential, covering all forms of communication—written, oral, and electronic. It's designed to facilitate candid discussions between clients and their legal advisors.

Conditions for Privilege to Apply

For attorney-client privilege to be applicable, the communication must occur between a lawyer and their client, intended to remain confidential. Additionally, the communication must be for the purpose of requesting or providing legal advice.

What This Protection Means for Clients

This privilege ensures that lawyers cannot be compelled to testify against their clients, and the privileged communications can't be disclosed or used against the client in legal proceedings. It also shields these interactions from disclosure in litigation and under the Public Records Act.

Exceptions to Attorney-Client Privilege

It's important to know that if privileged information is shared with others, the protection may be waived. Documents shared with third parties may lose their privileged status, and communications related to ongoing crimes or imminent harm aren't protected.

Understanding the nuances of attorney-client privilege helps protect your rights and fosters open communication with your attorney. However, to avoid accidental loss of this protection, it's crucial to be aware of its limitations. If you have specific concerns about confidentiality, consulting a legal professional is advised.