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.
The attorney-client privilege is the backbone of the legal profession. It encourages the client to be open and honest with his or her attorney without fear that others will be able to pry into those conversations. Further, being fully informed by the client enables the attorney to provide the best legal advice.
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.
Although the precise definition of attorney–client privilege varies among state and federal courts, there are four basic elements to establish attorney–client privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal ...
(the “Rules”), which precludes an attorney from testifying against his client on certain matters. As a disqualification, the attorney is ethically obliged to claim the privilege for the client as it is not self-enforcing.
Legal advice privilege covers confidential communications between a client and its lawyers, whereby legal advice is given or sought. Privilege attaches to all material forming the lawyer-client communications, even if those documents do not expressly seek or convey legal advice.
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.
Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.
The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.
To fall within the attorney-client privilege, the communication must be:Made between a client and a lawyer,In confidence,During the course of the attorney-client relationship, and.The communication must be made with the attorney in his or her professional (legal) capacity.
The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.
While the attorney-client privilege provides strong protection, it does have limits. For example, facts themselves are not protected by the privilege, even if they are communicated between an attorney and client.