what is attorney-client privilege quizlet

by Arjun Franecki 5 min read

The attorney-client privilege upholds the principle of confidentiality for attorney-client communications. It promotes frank and truthful communication between attorneys and their clients by removing concerns over disclosure of those communications to opposing counsel, the court, or the public. The clients hold the privilege.

Full Answer

What is the attorney-client privilege really means?

Generally, the attorney-client privilege applies when:

  • an actual or potential client communicates with a lawyer regarding legal advice
  • the lawyer is acting in a professional capacity (rather than, for example, as a friend), and
  • the client intended the communications to be private and acted accordingly.

What is client lawyer privilege?

  • to prevent reasonably certain death or substantial bodily harm
  • to prevent a client’s crime or fraud that is “reasonably certain” to substantially injure another’s property or finances
  • to “prevent, mitigate, or rectify” a “reasonably certain” substantial property or financial injury to another
  • to obtain ethics advice

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Does attorney client privilege apply prospective clients?

Prospective Clients. Under the Model Rules of Professional Conduct, the attorney-client privilege exists for a potential client. Under Togstad v. Vesely, 291 N.W.2d 686 (1980), a non-client can claim to be a prospective client if: 1) the non-client seeks legal advice, 2) then the non-client reasonably relies on that advice as legal advice, and 3) the attorney does not attempt to dissuade the non-client from relying on the advice.

What is attorney client privileged?

“I don’t think my client was afforded any special privilege, it is very common for there not to ... the Lucas family raised questions about the case's handling and hired an attorney. “I am very happy that we were able to make an arrest in this ...

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What Is Attorney-Client Privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. This is the name given to the common law concept of legal professional privilege in the United States.

Purpose of Attorney-Client Privilege

The purpose of the attorney-client privilege is to promote open and frank communications between clients and their lawyers. To represent a client effectively, lawyers must have access to all relevant information concerning the representation.

Attorney Client Privilege Exceptions

Death of a client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs, legatees or other parties claiming under the deceased client.

What Happens When Attorney-Client Privilege is Broken?

Specific sanctions may be imposed on an attorney who reveals confidential communications, but where there is the mere potential for disclosure, disqualification motions are common.

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