confidential communicationsAttorney-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.
Some relationships that provide the protection of privileged communication include attorney-client, doctor-patient, priest-parishioner, two spouses, and (in some states) reporter-source. If harm—or the threat of harm—to people is involved, the privileged communication protection disappears.
The privilege prevents the forced disclosure of any written and oral confidential communications (including email) between attorneys and clients, which were made for the purpose of requesting or receiving legal advice.
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.
A privileged communication is one made bona fide upon any subject matter in which the party communicating has an interest, or in reference to which he has a duty.
Common exceptions include the following: A counselor formally reporting to or consulting with administrative supervisors, colleagues or supervisors who share professional responsibility (i.e. in this instance all recipients of such information are similarly bound to regard the communication as privileged);
The privilege shields from discovery advice given by the attorney to the client as well as communications from the client to the attorney. Voluntary disclosure of privileged communications to a third party results in waiver of the attorney-client privilege unless an exception applies.
Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime.
It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.
Attorney-Client Privilege. A confidential communication between a client and an attorney for the purpose of seeking legal advice or representation is privileged.
Speaking to a lawyer in a public place with other people is another example where the information may get out without consequences to the attorney. Otherwise, a lawyer who breaches the attorney-client privilege could face serious consequences for an ethical violation, such as disbarment and criminal charges.
Communications and documents protected by solicitor-client privilege are confidential as between the client and the lawyer. This means that what might otherwise be relevant evidence or information, admissible in court or required to be disclosed to the other side in a lawsuit, can be kept confidential.