What is Attorney-Client Privilege?

Written by Bradley Corbett on October 9, 2014. Posted in Uncategorized

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The legal system can be a daunting and complex system to navigate through. When dealing with all of the allegations and charges that are coming against you, you always look to your lawyer for advice. The relationship that you and your attorney have is a privileged relationship that provides you protection for full disclosure. Cornell University Law School defines the attorney-client privilege as, “a legal privilege that works to keep communications between an attorney and his or her client secret. This privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that they lawyer testify under other.”

The purpose of the attorney-client privilege is to provide “full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and the administration of justice (Cornell Law).” The reasoning behind this is that the more the lawyer knows about his/her clients legal situation they can provide better legal counsel for their client. This also prevents your lawyer from being forced to testify against you.

What constitutes the attorney-client privilege?

1. The holder (person with privileged information) seeks out to be the attorney’s client

2. The attorney is a member of the bar of the court

3. The purpose was for legal advice

4. Communication is either written or oral

The attorney-client privilege will help you and your lawyer formulate the best legal counsel. However, it is important to note that not everything that you say to your lawyer is protected under the attorney-client privilege.

What isn’t covered:

1. Privileged information given in front of a third party,

2. Counsel sought that was used to commit or for the purpose of committing a crime

3. Situations in which the client waived the right to the attorney-client privilege

4. Defense of the lawyer or his associates

5. Information once the client is deceased (in some instances).

The attorney-client privilege relationship is one of the oldest recognized forms of confidential communication. There are recorded instances of this privilege dating back all the way to 1654. This privilege has undergone some changes over time as it evolved from England over to the United States.