why do we have attorney client privilege

Why is attorney-client privilege a thing?

The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers effectively represent their clients.

Why do you think that lawyers have instituted attorney-client privilege?

At its most basic, the privilege ensures “that one who seeks advice or aid from a lawyer should be completely free of any fear that his secrets will be uncovered.” 2 Thus, the underlying principle of the privilege is to provide for “sound legal advice [and] advocacy.” 3 With the security of the privilege, the client ...

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.

Do you think solicitor client privilege is important why or why not?

This confidentiality is necessary to help ensure that clients are comfortable providing candid information and so that lawyers can offer confidential advice and legal representation. Lawyers not only have a duty to maintain the confidence of their clients, but they also must adhere to solicitor-client privilege.

In what situations do we use the term and need to assert privilege?

If you are subpoenaed by a lawyer for the written record, you can assert privilege on behalf of your client if they do not want you to turn over their record. When you are subpoenaed by the court/a judge, you cannot assert privilege and have to turn the record over to the court.

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...

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.

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.