Understanding Attorney-Client Privilege: What You Need to Know

If you are seeking legal representation, you may have heard the term "attorney-client privilege." This privilege is an important aspect of the legal profession, and it is crucial that you understand what it is and how it works. In this article, we will explain attorney-client privilege, its purpose, and the exceptions to the privilege.

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal concept that protects the confidentiality of communications between an attorney and their client. This privilege applies to any information that is shared between an attorney and their client in the course of their professional relationship. It is designed to encourage open and honest communication between attorneys and their clients, without fear of the information being disclosed to third parties.

Purpose of Attorney-Client Privilege

The purpose of attorney-client privilege is to promote full and frank communication between attorneys and their clients. It allows clients to share all the necessary details with their attorneys without fear of those details being revealed to anyone else. This, in turn, allows attorneys to provide the best possible representation for their clients.

Exceptions to Attorney-Client Privilege

While attorney-client privilege is generally sacrosanct, there are certain exceptions to the rule. These exceptions include:

• Waiver: If a client voluntarily discloses information to a third party, the attorney-client privilege is waived.

• Crime or Fraud Exception: If an attorney is aware that their client is planning to commit a crime or fraud, the attorney is required to disclose that information to the appropriate authorities.

• Public Safety Exception: If an attorney is aware of a situation where there is a risk of imminent harm to others, they may be required to disclose that information to prevent harm.

• Co-Client Exception: If two or more clients share the same attorney, any communication between them is not protected by attorney-client privilege.

• Future Harm Exception: If an attorney becomes aware that their client is planning to cause future harm, they may be required to disclose that information to prevent harm.

Conclusion

Attorney-client privilege is a crucial aspect of the legal profession, and it is important that clients understand what it entails. While the privilege generally protects communications between an attorney and their client, there are certain exceptions to the rule that clients should be aware of. By understanding attorney-client privilege, clients can be confident in their ability to communicate openly and honestly with their attorneys, knowing that their information will be kept confidential.