What is attorney-client privilege and why is it important for a defense attorney?

Asked by: Modesta Ebert  |  Last update: October 19, 2025
Score: 4.3/5 (22 votes)

It prevents a lawyer from being compelled to testify against his/her client. The purpose underlying this privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others.

What is attorney-client privilege and why is it important?

The attorney-client privilege preserves the confidentiality of communications between lawyers and their clients. The privilege protects individuals and institutions.

What is the common defense attorney-client privilege?

The Common-Interest Doctrine

Typically, the doctrine allows a defendant to assert the attorney-client privilege to protect statements made in confidence not only to his own lawyer but also to an attorney for a co-defendant for a common purpose related to the defense of both.

What is the defense attorney's most important responsibility?

Criminal defense attorneys are responsible for representing their clients throughout the legal process — from pre-trial investigations to courtroom proceedings. Their main goal is to make sure their client's constitutional rights are being protected by advocating for the best possible outcome.

What three elements are necessary in order to take advantage of the attorney-client privilege?

A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.

LEGAL ETHICS: Attorney Client Relationship

23 related questions found

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.

Which of the following is not one of the responsibilities of a defense attorney?

Determining the defendant's guilt

It is not the role of a defense attorney to determine guilt; their role is to defend their client regardless of the client's guilt or innocence.

What is the most common argument of a defense attorney?

Here's our list of the most common defense strategies used in criminal court:
  • No intent to commit the crime (accident)
  • Mistake of fact.
  • The crime was committed out of duress or necessity.
  • Police misconduct or a violation of your rights.
  • Intoxication (may still result in other charges)
  • Self-defense.

What is the defense attorney's largest responsibility?

The primary duties that defense counsel owe to their clients, to the administration of justice, and as officers of the court, are to serve as their clients' counselor and advocate with courage and devotion; to ensure that constitutional and other legal rights of their clients are protected; and to render effective, ...

What is the most important role for a defense attorney?

A criminal defense attorney's primary role is to provide a solid legal defense for the defendant in court. They challenge evidence presented by the prosecutor and aim to protect their client's rights within the criminal justice system.

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.

What is privilege defense legal?

Privilege defenses were created in recognition of the public policy that under certain circumstances it is more important for the law to promote open and honest communication – even if it is defamatory – than to provide the subject of potentially defamatory statements an avenue for recovery.

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 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.

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 ...

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 a defense attorney's main responsibility?

A defense attorney must assist a defendant in determining the best course of action for their defense. They should be able to interpret the law for clients and assist them in grasping their legal options. This may include negotiating with the prosecution to see if a suitable plea deal is available.

What are the two types of defense attorneys?

Criminal attorneys also work to ensure their clients receive fair treatment throughout the legal process. There are two kinds of criminal lawyers: public defenders and private defense attorneys.

What is the most powerful lawyer position?

Some of the most powerful lawyer positions include:
  • Attorney General. The Attorney General is the highest-ranking legal officer in the United States Department of Justice. ...
  • Solicitor General. ...
  • Corporate Counsel. ...
  • Big Law Partner. ...
  • Judges. ...
  • Public Interest Lawyers. ...
  • Criminal Defense Attorneys. ...
  • Law Firm Managing Partner.

Who wins if a defense attorney and the defendant disagree?

Ultimately, it's the defendant who gets to make the final decision, even if it conflicts with their attorney's advice. Occasionally, lawyers and defendants have such strongly opposing views that the lawyer cannot effectively carry out the defendant's desired strategy.

What are the hardest cases to defend?

However, these 3 crimes tend to be difficult to defend:
  • Crimes against minors.
  • Homicide.
  • White collar crimes such as embezzlement.

What questions should a defense attorney ask?

Some examples of questions that a defense attorney might ask during direct examination include:
  • Can you describe the defendant's demeanor on the day of the incident?
  • Did the defendant seem intoxicated or under the influence of drugs?
  • What was the defendant wearing at the time?

What is client lawyer privilege?

Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney."

Who goes against a defense attorney?

A prosecutor, on the other hand, represents individuals who are filing charges against the defendant. Defendants and prosecutors will argue in court, both pleading their case to a judge or jury. If you are facing criminal charges, having a defense attorney on your side is crucial.

Does it look bad if your lawyer withdraws from your case?

Lawyers withdraw from cases all the time, and it usually does not impact the judge's perception of the client unless the client has had multiple changes in legal counsel with attorneys that have a good reputation with the court.