Attorney-Client Privilege

Attorney-client privilege is one of the most fundamental legal protections in the U.S. legal system. It ensures that clients can speak freely with their attorneys without fear that their private conversations will be disclosed to others. Understanding how this privilege works can help you make informed decisions when seeking legal advice.

What Is Attorney-Client Privilege?

It is a legal rule that protects communications between a client and their attorney from being disclosed to third parties. This privilege encourages clients to be open and honest with their lawyers, allowing attorneys to provide the best possible legal representation. For a conversation to be protected under attorney-client privilege, it must be between a client and an attorney or someone acting on behalf of the attorney, it must be made for the purpose of seeking or providing legal advice, and it must be intended to be confidential.

How Does Attorney-Client Privilege Protect You?

Once established, it means that your lawyer cannot be compelled to disclose your private discussions, even in court. This protection applies to verbal and written communications, including emails, text messages, and phone calls, as well as documents prepared as part of your legal representation. This privilege ensures that you can discuss sensitive matters openly without worrying about those discussions being used against you.

Are There Any Exceptions?

While it is a strong legal protection, there are some exceptions. The crime-fraud exception applies if a client seeks legal advice to commit or cover up a crime or fraud, meaning the privilege does not apply. A client can also waive the privilege by voluntarily sharing privileged information with a third party. In rare cases, if disclosure of privileged information is necessary to prevent imminent harm or death, a court may require disclosure based on public safety concerns.

Attorney-Client Privilege vs. Confidentiality

Attorney-client privilege and confidentiality are related but distinct concepts. While privilege protects communications from disclosure in legal proceedings, confidentiality is a broader ethical duty that prevents an attorney from revealing a client’s information to anyone except in limited circumstances. Attorneys are bound by confidentiality rules even if the privilege does not apply.

Why it Matters it is essential to a fair legal system. It allows clients to be honest with their attorney without fear of exposure, receive effective legal advice based on full disclosure, and protect sensitive information from being used against them in court. If you have legal concerns and need confidential advice, the Law Office of Erin Bradley McAleer is here to help. Contact us today to ensure your rights are protected under attorney-client privilege. Call us now or visit our website to learn more.