Attorney-Client Privilege
Introduction
Attorney-client privilege is a fundamental legal principle that ensures the confidentiality of communications between lawyers and their clients. This privilege encourages open and honest communication, enabling clients to seek legal advice without fear that their disclosures will be exposed to others.
Definition
Attorney-client privilege is a legal rule that protects confidential communications between an attorney and their client from being disclosed to third parties. This privilege applies to both oral and written communications made for the purpose of obtaining or providing legal advice.
Key Features
1. Confidentiality
- The privilege applies only to communications intended to be confidential.
- Disclosure to third parties may waive the privilege.
2. Legal Advice
- The communication must be for the purpose of seeking or giving legal advice.
- Not all interactions with an attorney are privileged; the context must involve legal counsel.
3. Client Holds the Privilege
- The client, not the attorney, holds the privilege.
- Only the client can waive the privilege, meaning they can choose to disclose the protected information.
4. Protection from Disclosure
- Privileged communications cannot be compelled in court or by other legal authorities.
- This protection promotes candid communication between clients and attorneys.
Exceptions
- Crime-Fraud Exception:
- Waiver:
- Third-Party Presence:
Examples
- Protected Communication:
- Non-Privileged Communication:
Comparison with Other Legal Doctrines
| Doctrine | Description |
|---|---|
| Attorney-Client Privilege | Protects confidential communications between a client and attorney for legal advice. |
| Work Product Doctrine | Shields materials prepared by attorneys in anticipation of litigation from discovery. |
Conclusion
Attorney-client privilege is an essential component of the legal system, fostering trust and open communication between clients and lawyers. By ensuring that clients can speak freely without fear of disclosure, the privilege enables attorneys to provide effective legal counsel.