What does attorney-client privilege mean quizlet?
Asked by: Melany Hackett | Last update: December 29, 2025Score: 4.7/5 (46 votes)
Attorney-Client Privilege. A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.
What does the attorney-client privilege really mean?
This privilege is codified in California law via Evidence Code 954, which gives your attorney the right to refuse to divulge the contents of your conversation, gives you the right to require confidentiality from your attorney, and with few exceptions, makes any breach of that confidence inadmissible in court.
What is attorney-client privilege quizlet?
The attorney-client privilege is. the evidentiary rule that is designed to encourage (by protecting) the free flow of information between an attorney and his or her client. 1 / 64. 1 / 64.
Which of the following is not covered by the attorney-client privilege?
Crime or Fraud Exception.
If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
Which of the following best describes attorney-client privilege?
The California attorney-client privilege under Evidence Code § 954 ensures that any private communication between you and your attorney remains confidential and protected from disclosure to any third party.
Attorney Client Privilege & Lawyer Confidentiality EXPLAINED
Can your former attorney testify against you?
Overview. The attorney-client privilege is one of the oldest and most respected privileges. It prevents a lawyer from being compelled to testify against his/her client.
What is the federal rule for attorney-client privilege?
In this rule: (1) “attorney‐client privilege” means the protection that applicable law provides for confidential attorney‐client communications; and (2) “work‐product privilege” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation ...
What type of information is not protected by attorney-client privilege?
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.
What is the attorney-client privilege and list its exceptions?
The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud.
What are three examples of advice that would be covered by the attorney-client privilege?
Three examples where advice would be covered by the attorney-client privilege are initial consultations, identity information, and whereabouts. On the other hand, three examples that attorney-client privilege doesn't cover are the client's fee arrangement, physical evidence, and preexsisting documents.
Who is the client privilege?
The "client" for these purposes only includes those authorised to seek and receive legal advice on behalf of the company. "Clients" in this sense would, the judge anticipated, usually be a small number of persons at a relatively high level within a corporation.
In which of the following circumstances can an attorney reveal what would otherwise be protected by attorney-client confidentiality?
(b) A lawyer may, but is not required to, reveal information protected by Business and Professions Code section 6068, subdivision (e)(1) to the extent that the lawyer reasonably believes* the disclosure is necessary to prevent a criminal act that the lawyer reasonably believes* is likely to result in death of, or ...
What is one of the most important tasks of defense attorneys?
#1: Protecting the Constitutional Rights of Their Clients
The primary responsibility of a criminal defense attorney is to protect the constitutional rights of their clients by making sure that the authorities respect and abide by these rights throughout every part of the process — from the arrest to the sentencing.
What are the consequences of the attorney-client privilege?
Otherwise, a lawyer who breaches the attorney-client privilege could face serious consequences for an ethical violation, such as disbarment and criminal charges.
How to mark something as attorney-client privilege?
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
What does it mean to break attorney-client privilege?
If someone other than the lawyer or client is present during a confidential conversation, information shared in that conversation no longer qualifies as privileged communication and may be used as evidence in court if necessary.
What is an objection to attorney-client privilege?
Attorney-Client Privilege
When the objection from the other lawyer is due with privilege information, the judge will rule objection sustained, which means the question is not permitted, and the witness does not have to respond to the question.
Does attorney-client privilege cover confessions?
The United State Criminal Code and California Rules of Professional Conduct provide guidance for attorneys who find themselves struggling to come up with the answer. As your client's attorney, you are under no legal obligation to share his admission of guilt with anyone else.
What is the attorney-client privilege exists to?
Attorney-client privilege protects confidential communications between a lawyer and their client that relate to the client's seeking of legal advice or services.
Which of the following may not be protected under the attorney-client privilege?
Presence of a Third Party
This means that if a third party sits in on an in-person meeting between a client and their lawyer, is copied on an email, or is similarly involved in a communication, that communication is not protected by the attorney-client privilege.
What client information is not confidential?
You will not have a duty of confidence if you are being used by a client to perpetrate a fraud, and, by analogy, any other crime. The common law has long recognised that information of this nature cannot be confidential.
What is required privilege is not held by the client?
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How strong is attorney-client privilege?
The privilege protects communications between attorney and client, not underlying information, so providing existing non-privileged information or documents to an attorney does not render them privileged. The privilege is “held” by the client, which means that the client—that is the University—is free to waive it.
What do lawyers do when not litigating?
On the other hand, attorneys do more than just litigation. Their work is quite broader since it includes advising clients; drafting legal documents; negotiating settlements among others. These involve other non-litigation matters like business transactions or estate planning.
What is the fiduciary exception to the attorney-client privilege?
Under the fiduciary exception, legal advice provided to plan fiduciaries acting in their fiduciary capacity is not protected by the doctrine of attorney-client privilege and may be discovered by plan participants and beneficiaries (and those who stand in their shoes) in litigation.