What Is Attorney Client Privilege — and What Isn’t Protected?
Talking to Your Lawyer Should Feel Safe — But What’s Actually Protected?
When you meet with a lawyer, especially during one of the most stressful times in your life, the last thing you want to worry about is whether your words can be used against you. That’s where attorney-client privilege comes in. It’s a fundamental part of our justice system, meant to protect open and honest communication between attorneys and their clients.
But here’s the truth: while this privilege is powerful, it’s not unlimited. And many people — understandably — don’t know exactly where it starts and where it ends. At the Law Office of Erin Bradley McAleer, we believe it’s essential that you understand both your rights and the limitations, so you can protect yourself and communicate with confidence.
So What Is Attorney-Client Privilege?
At its core, attorney-client privilege is a legal rule that says private communications between a lawyer and their client cannot be shared with anyone else — not even the court — without the client’s consent. This rule is meant to encourage clients to be fully transparent with their attorneys, without fear that what they say will come back to hurt them.
For the privilege to apply, the communication must be between a client and a lawyer (or someone working for the lawyer), and it must be for the purpose of seeking or giving legal advice. A casual conversation with your lawyer at a party, for example, wouldn’t count — but a one-on-one meeting in the attorney’s office almost certainly would.
Privilege Isn’t a Blanket Shield — Here’s What Isn’t Covered
Despite its strength, attorney-client privilege doesn’t cover everything. One of the most common misconceptions we hear is that everything you say to a lawyer is automatically protected, no matter what. That’s simply not the case.
For example, if you have a friend or family member in the room during a conversation with your attorney, that talk might not be protected under privilege. Likewise, if you forward a legal email to someone outside your legal team, you could unintentionally waive your protection.
And here’s another big one: privilege does not apply if you’re discussing plans to commit a future crime. If you tell your attorney that you plan to break the law, they may have an obligation to report it — especially if it involves serious harm. Privilege only protects past actions, not future intent.
Wait — Isn’t Everything Confidential?
There’s a lot of confusion between attorney-client privilege and the broader duty of confidentiality. They’re related, but not the same.
Privilege is a courtroom rule: it stops a lawyer from being forced to disclose certain things in legal proceedings. Confidentiality, on the other hand, is an ethical duty that requires lawyers to keep almost everything a client shares private — even if it’s not covered by privilege. So even if something doesn’t qualify under the strict rules of privilege, your lawyer still can’t casually share your information with others.
How to Keep Your Communications Protected
The best way to preserve attorney-client privilege is to be intentional. Make sure your conversations with your lawyer are private, that you’re clearly seeking legal advice, and that you avoid sharing those communications with anyone else. It’s also important to be honest and open with your lawyer — the more they know, the better they can protect you within the bounds of the law. At our firm, we treat every conversation with the seriousness it deserves. From the first phone call to the last court date, our goal is to make you feel safe, respected, and protected.
Know the Line, Protect Your Case
Understanding attorney-client privilege isn’t just a legal technicality — it’s about protecting your voice and your future. Whether you’re dealing with a criminal charge, a civil dispute, or just trying to get legal advice before something becomes a problem, knowing what’s protected (and what’s not) empowers you to speak freely and make smart choices.
At the Law Office of Erin Bradley McAleer, we’re here to walk you through the legal process with clarity, discretion, and trust. If you’re ready to talk, we’re ready to listen — and everything you say to us will stay exactly where it belongs: between us. Contact us today for a confidential consultation at (360) 334-6277.