Attorney client privilege encourages clients to be open and honest with their attorneys, while permitting attorneys to offer the most informed advice based on an in-depth knowledge of all facts and circumstances surrounding an issue.
Attorney-client privilege requires three elements for its application: an attorney and client relationship; private communication between them; and a purpose of legal advice being given.
It’s a relationship
Attorney client privilege ensures open dialogue between clients and their lawyers, helping ensure important details can be disclosed freely without fear of impacting a case adversely – thus enabling legal professionals to provide well-informed legal advice to clients.
Attorney-client privilege applies when clients communicate confidentially with their lawyer for the sole purpose of seeking legal advice, which includes communications with individuals authorized to act on their behalf such as paralegals. However, client must understand that attorney-client privilege does not cover communications with family or friends who are outside their legal representation.
Additionally, clients cannot breach attorney-client privilege by intentionally or unwittingly disclosing confidential information to third parties. For instance, giving evidence of criminality or fraud directly to their attorney and asking him or her to keep it secret would violate attorney-client privilege and is ineffective as it applies both criminally and civilly.
It’s confidential
Attorney client privilege protects communications that take place both with a lawyer and their clients, in order to foster open and honest communications between attorneys and their clients. It provides for effective legal representation.
Communication that should be treated as confidential must be appropriately intended as such. This extends beyond just discussing general topics during consultation sessions – it must include information and advice sought by clients.
As simple as the attorney-client privilege may seem, its application in business settings can be more nuanced and complex. Consider, for instance, a corporation acting as the “client,” with lawyers representing their entity potentially communicating with other employees within its ranks.
It’s important
The attorney-client privilege provides you with a vital safeguard, helping to ensure honest and open communications between yourself and your attorney. This enables him or her to represent you fully while protecting you from having anything you say being used against you in court proceedings.
As crucial as attorney client privilege is, there can often be confusion as to when and what it triggers. US law states that attorney client privilege begins upon any communication conveyed in confidence to a lawyer seeking legal advice for their own benefit; these communications could include oral or written forms and don’t need to relate directly to an ongoing case or potential litigation scenario.
No money changes hands or an invoice is issued; and, it does not need to take the form of a retainer agreement. However, it should be remembered that an attorney-client agreement does not protect conversations in which information might be shared with outside sources or would serve no useful purpose regarding legal issues at hand.
It’s complicated
The attorney-client privilege provides protection for communications that are considered confidential by clients seeking or receiving legal advice or representation, whether oral, written, email, memos etc. However, not every communication between client and lawyer falls within its scope – in order for such interactions to qualify, three requirements must be fulfilled: they must take place between an attorney (including all their staff) and client; be confidential; and serve a legal representation or advice purpose.
Clients benefit from sharing candid and frank information with their attorneys so they can receive the highest-quality legal advice possible. However, clients should remember that breaching attorney client privilege can occur by divulging communications about these matters to third parties – either intentionally or accidentally.