what is attorney client privilege in sc

What the attorney-client privilege really means?

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 are the elements of the attorney-client privilege?

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 ...

How can I tell if a file is privileged?

The description of the document needs to contain sufficient facts to demonstrate why that document is privileged. Privilege logs are also commonly accompanied with a “players list” that not only shows the identity of attorneys, but also the positions of the non-lawyers on the communications.Jun 29, 2018

Why is the attorney-client privilege important?

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.Oct 31, 2013

Why do people seek legal representation?

People seek legal representation for various reasons, but they all have one common expectation: what they divulge to their lawyer in trust will be kept confidential. Confidentiality is perhaps the hallmark of the client-lawyer relationship.Under the Rules of Professional Conduct, a lawyer must not reveal information relating to ...

What is privilege in a lawyer?

(2) This means that an opposing party cannot obtain emails between a lawyer and her client, or that an opposing counsel cannot cross-examine the client on matters discussed between the client and his lawyer.

Can a client waive a privilege?

The client may waive the privilege intentionally or inadver tently by disclosing the protected information to third parties. If waived, all privileged-matter between the client and counsel becomes discoverable (if relevant). If the privilege is not waived, it will survive even the client’s death. (32)

What is attorney-client privilege?

The attorney-client privilege protects the client and is determined from the client’s point of view. It also prevents any other person from disclosing confidential communications that the client made to a counsel relative to a legal matter.

What was the Marshall case?

The Marshall case involved a divorce action where both parties — Mr. Marshall and Mrs. Marshall — sought custody of their two minor children. Mrs. Marshall inadvertently left a letter from her attorney, addressed to her, in Mr. Marshall's pickup truck. (18) The parties were separated at the time.

What is the work product doctrine?

The attorney-client privilege and work product doctrine are useful weapons in a client’s arsenal. A client can rest assured that matters pertaining to his representation are safe from disclosure to an opposing side, as long as the appropriate precautions are taken not to waive the privileges.

Definition

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret.

Further Reading

For more on the attorney-client privilege, see this Cornell Law Review article, this Fordham Law Review article, and this Pepperdine Law Review article .

Why is confidentiality important in law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

What is attorney client privilege?

The attorney-client privilege is, strictly speaking, a rule of evidence. 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.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Can a lawyer disclose previous acts?

If, for example, if a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.