what is the purpose of attorney/client privilege

As a rule, the attorney-client privilege applies under the following conditions:

• A prospective or current client communicates with an attorney for the sole purpose of obtaining legal advice about a situation. ...
• A lawyer is acting in a professional capacity while offering legal advice. Let’s go back to the free consultation example again. ...
• A client intends the communications to be private. ...

Full Answer

How not to waive the 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. 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. Attorney-Client Relationship This privilege exists when there is an attorney-client …

How does attorney client privilege work?

 · The purpose of the privilege is to prevent attorneys from being compelled to testify against his or her client, therefore ensuring that the client not only receives accurate and …

What is the attorney-client privilege really means?

 · Attorney-client privilege is the legal term for the rule that preserves the confidentiality of communications between lawyers and their clients. It is one of the oldest …

Does attorney client privilege apply prospective clients?

 · The attorney client privilege preserves the confidentiality of communications between an attorney and his client. It is based on the premise that clients should be …

Why is attorney-client privilege so 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.

What is attorney-client privilege and what it protects?

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 ...

What is the difference between client confidentiality and the 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.

What is covered by legal privilege?

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.

How do you maintain legal privilege?

Legal advice privilegeThere must be a lawyer present. ... There must be an 'authorized' client present. ... There must be a communication. ... Not all preparatory material is privileged. ... The communication must be 'legal advice' ... There need not be a lawyer present. ... Litigation must be afoot or in contemplation.More items...

How do you assert attorney-client privilege?

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.

Are facts protected by attorney-client privilege?

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.

What are the three basic requirements for a communication to be protected by the attorney-client privilege?

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.

Can your lawyer snitch on you?

As a general rule, a client can refuse to disclose and prevent others from disclosing confidential communications between himself and his attorney. The privilege belongs to the client, and the attorney cannot waive it or breach it in most instances.

Are emails subject to attorney-client privilege?

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

Can a lawyer testify against a client?

In essence, attorney-client privilege is what upholds attorneys' duty of confidentiality in legal proceedings. It's a rule of evidence that prevents lawyers from testifying about the contents of their oral or written communications with clients, or from being forced to do so by an opposing legal team.

What is privilege in a discovery?

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.

Does attorney-client privilege extend to non-client?

If the non-client is considered a prospective client under Togstad, then the attorney-client privilege will extend to that prospective client.

What is attorney-client privilege?

The attorney-client privilege upholds the principle of confidentiality for attorney-client communications. It promotes frank and truthful communications between attorneys and their clients by removing concerns over disclosure of such communications to opposing counsel, the court, or the public at large. The privilege is held by the clients and in ...

What does privilege mean in a lawyer?

However, it's important to note that the privilege only protects confidential communications between clients and attorneys. This means that if the communications are shared with a third party who is not part of the attorney-client relationship, it can act as a waiver and the protections can be lost.

Who must invoke the privilege?

The client must invoke their privilege (without having waived ...

Why do attorneys want to examine all records?

Prosecutors investigating potential crimes would want to examine all records (privileged or not) to aid in their evidence-gathering, while attorneys (and their clients) would want to invoke the privilege as much as possible to protect their private communications from scrutiny.

Can a client waive a privileged communication?

Waiver can also occur where privileged communications are disclosed to third parties (often in this situation a third party is present at the time the privileged communication occurs). A client's death, however, does not automatically terminate or waive the privilege.

Can a lawyer disclose confidential information?

Lawyers can also reveal confidential information relating to client representation if they believe it's reasonably necessary to:

When can an attorney disclose information?

Attorneys can also disclose certain information protected by the attorney-client privilege when facing a dispute with a former client, such as a malpractice action. In that instance, it may be necessary for a lawyer to disclose information such as billing records or prior client authorizations.

What is it?

The attorney/client privilege is a legal theory that protects as confidential communications between an attorney and his or her client.

What is the purpose of the privilege?

The purpose of the privilege is to encourage openness between attorney’s and clients. Good legal advice and representation depend on the lawyer being fully informed. A client will be more forthcoming if he or she is assured that the attorney cannot disclose what the client tells him or her.

What is protected?

Oral or written communications, including e-mails, between an attorney and client when made for the purpose of seeking, obtaining or providing legal assistance.

What is not protected?

Meetings at which a lawyer is merely present and not providing specific legal advice;

Is there an attorney-client privilege between any University employee and University counsel?

No. Whether the privilege applies depends on each particular communication. Generally the employee who can invoke the privilege is an employee in a position to control, or take a substantial part in, a decision about which legal advice is being given, but it can include others who need to provide important information to counsel

What if someone discloses confidential information by mistake?

Notify the Office of University Counsel immediately. The Office can help determine if the privilege is still intact or has been broken and what steps can be taken.

Basic Guidelines to Protect the Attorney-Client Privilege

If you are aware of a legal matter in which counsel is involved, do not speak to anyone other than your supervisor about it unless you have to do so as part of your regular job. 1.

What is attorney client privilege?

The attorney-client privilege protects communications (oral or written) between an attorney and his/her client made for the purpose of providing legal services and is a fundamental and enduring cornerstone of American law. The privilege originated in early English law and was later adopted by the American legal system.

How many elements are there in the attorney-client privilege?

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence:

What is implied waiver of attorney-client privilege?

An implied waiver of the attorney-client privilege occurs where a company attempts to both assert and withhold privileged communications. See, e.g., Chevron Corp. v. Pennzoil Co., 974 F.2d 1156 (9th Cir. 1992). For example, if a company discloses a privileged investigation report prepared by counsel to assist in its defense or seek to mitigate harm the attorney-client privilege may be waived not only as to the report, but also all underlying documents, communications and information that formed the basis of the report. See, e.g., Westinghouse Elec. Corp. v. Republic of Philippines, 951 F.2d 1414 (3d Cir. 1991). In other words, a company cannot pick and choose helpful information to use as the sword and at the same time claim privilege as a shield against bad facts contained in the same privileged communication.

Can a third party waive privileged information?

Generally, providing otherwise privileged information to any other third party will waive the privilege . “The courts will grant no greater protection to those who assert the privilege than their own precautions warrant.” See In re Qwest Communications International Inc., 450 F. 3d 1179, 1185 (10th Cir. 2006). Where the client or counsel do not take adequate steps to protect and preserve the confidentiality of privileged communications, the privilege may be waived.

Is attorney-client privilege stronger?

A claim of attorney-client privilege for communications with consultants is much stronger when the consultant is retained directly by counsel and counsel directs the activities of the consultant. See Kovel, 296 F.2d at 922.

Is privileged email lost?

In the absence of these protections the privilege is lost. In this age of electronic communication it is very easy for a privileged email be to widely distributed to individuals not involved in an investigation or legal dispute at which point privilege is waived.

Does the attorney-client privilege apply to both individual and corporate clients?

The US Supreme Court has long held that the attorney-client privilege applies to both individual and corporate clients. See Gardner v. Major Auto. Cos., 2014 U.S. Dist. LEXIS 44877 (E.D.N.Y. Mar. 31, 2014) (citing United States v. Louisville Nashville R. Co., 236 U.S. 318 (1915)). However, complications in the application of the privilege arise when the client is a business entity.

What is attorney client privilege?

The Attorney-Client Privilege is an evidentiary rule that protects both attorneys and their clients from being compelled to disclose confidential communications between them made for the purpose of furnishing or obtaining legal advice or assistance. The privilege is designed to foster frank, open, and uninhibited discourse between attorney and client so that the client’s legal needs are competently addressed by a fully prepared attorney who is cognizant of all the relevant information the client can provide. The attorney-client privilege may be raised during any type of legal proceeding, civil, criminal, or administrative, as well as during an IRS or California tax audit.

What is the purpose of the disclosure privilege?

The purpose underlying this privilege is to encourage full disclosure without fear that the information will be revealed to others, so that clients receive the best and most competent legal advice and representation. The privilege extends to agents of either the client or the lawyer who facilitate the communication (e.g., paralegals or secretaries).

What is attorney-client privilege?

The attorney-client privilege applies in limited circumstances, in particular: Requests for legal advice from a client to an attorney. Requests for information from an attorney for information needed to formulate or provide legal advice. The legal advice is actually given by the attorney.

What is the most important thing to do to protect the privilege of attorney?

There are several things you (and your business colleagues) can do to ensure the best possible outcome with respect to protecting the privilege: The most important thing you can do is to be sure to properly label communications that meet the test for attorney-client communications.

Is it privileged to label something?

First, labeling something privileged does not make it privileged. It depends on whether the communication is for the purposes of obtaining or receiving legal advice.

Can you discuss privileged information with your spouse?

Likewise, as much as you love your spouse or significant other, you cannot discuss privileged information with him or her. And, as noted above, the more people in the loop on privileged communications the greater the chance that someone trips up on the confidentiality prong.

Do you have to keep legal advice confidential?

You must keep legal advice confidential. It is absolutely critical that you and the company keep legal advice confidential. It cannot be passed along outside that company– a common problem with business colleagues who do not understand the problems doing so can cause.

Do you need to be vigilant when giving legal advice?

You need to be constantly vigilant regarding the scope of your communications with the business and understand when you are or are not giving legal advice and, if you are, that you take the extra step to clearly note in the communication that you are providing legal advice.

Is legal advice privileged?

Legal advice is broader than just litigation-related communications, i.e., it covers all legal advice including transactional and regulatory. Business advice, however, is never privileged, and – for in-house counsel in particular – the line between the two can appear blurry.

What Does The Attorney-Client Privilege Protect?

• 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. In most cases, only cl...

See more on findlaw.com

When The Attorney-Client Privilege Doesn't Apply

The Crime-Fraud Exception and Law Enforcement

Establishing and Challenging The Attorney-Client Privilege

What Is It?

What Is The Purpose of The Privilege?

• The purpose of the privilege is to encourage openness between attorney’s and clients. Good legal advice and representation depend on the lawyer being fully informed. A client will be more forthcoming if he or she is assured that the attorney cannot disclose what the client tells him or her.

See more on legal.uillinois.edu

What Is Protected?

What Is Not Protected?

What If Someone Discloses Confidential Information by Mistake?

Basic Guidelines to Protect The Attorney-Client Privilege