What information falls under attorney-client privilege?

Asked by: Alanna Rohan I  |  Last update: February 19, 2022
Score: 4.7/5 (67 votes)

Definition. Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

What information is subject to attorney-client privilege?

Preliminary communications between a potential client and a lawyer are normally subject to the attorney-client privilege. That means that lawyers can't disclose what prospective clients reveal in confidence even if the lawyers never ends up representing them.

What is protected by the attorney-client privilege?

The attorney-client privilege only protects the essence of the communications actually had by the client and lawyer and only extends to information given for the purpose of obtaining legal representation.. The underlying information is not protected if it is available from another source.

What type of communications are protected by attorney-client privilege?

Virtually all types of communications or exchanges between a client and attorney may be covered by the attorney-client privilege, including oral communications and documentary communications like emails, letters, or even text messages. The communication must be confidential.

What factors are necessary for a statement to be covered by the attorney-client privilege?

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.

How attorney-client privilege actually works

18 related questions found

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

Are conversations between attorneys privileged?

Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This evidentiary privilege goes hand-in-hand with the right to counsel under the Sixth Amendment to the U.S. Constitution. ...

What is a confidential communication attorney-client privilege?

Definition. Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

What communication is privileged?

privileged communication, in law, communication between persons who have a special duty of fidelity and secrecy toward each other. Communications between attorney and client are privileged and do not have to be disclosed to the court.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!

When can lawyers breach confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.

What does confidential and privileged mean?

Privileged and confidential communication is the interaction between two parties having a legally protected, private relationship. ... The party receiving privileged information must keep it private and confidential, unless the discloser waives the privilege.

What happens if privileged information is voluntarily disclosed to a third party?

The attorney-client privilege protects confidential communications between an attorney and a client for the purpose of obtaining legal advice or services. ... Voluntary disclosure of privileged communications to a third party results in waiver of the attorney-client privilege unless an exception applies.

What documents are legally privileged?

The idea of documents being privileged is common sense when you understand it but takes a little bit of explaining. An email or letter from you to a qualified lawyer (barrister or solicitor) asking for advice, and the written legal advice you receive, are examples of documents which are privileged.

Are emails between lawyers privileged?

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

What is the difference between attorney-client privilege and confidentiality?

Attorney-client privilege protects lawyers from being compelled to disclose your information to others. ... Confidentiality rules provide that attorneys are prohibited from disclosing any information for privacy reasons, unless it is generally known to others.

What are some examples of privileged information?

Examples of privileged communication recognized in many legal jurisdictions include:
  • Attorney-client privilege, involving private conversations between lawyers and those they represent.
  • Spousal conversations, as in the case where one spouse cannot be compelled to testify against another.

What is privilege information in law?

Privilege is a legal right which allows persons to resist compulsory disclosure of documents and information. The fact that a document is sensitive or confidential is not a bar to disclosure, although privileged documents must be confidential.

What are the 3 main privileged communications?

The established privileged communications are those between wife and husband, clergy and communicant, psychotherapist and patient, physician and patient, and attorney and client. These relationships are protected for various reasons.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.

Can communications between an accountant and a client be protected under attorney-client privilege?

While there is no accountant-client privilege under the common law, some communications between an accountant and a client may be privileged under the attorney-client privilege if the accountant is acting as an agent of the attorney.

Can an attorney invoke attorney-client privilege?

While an attorney may invoke the privilege on behalf of a client, the right originates with the client. ... Communication must occur solely between the client and attorney. Communication must be made as part of securing legal opinion and not for purpose of committing a criminal act.

Can lawyers talk about their cases?

Under attorney-client privilege, lawyers are not allowed to divulge the details of anything their clients tell them in a court of law. In addition to that, The Duty of Confidentiality protects clients from having their lawyers casually discuss the private details of their case outside of court.

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client quizlet?

A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.

What is rule of confidentiality?

The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.