Understanding Attorney-Client Privilege
Andrew Sciolla

Why Attorney-Client Privilege Matters

When you consult with a lawyer, confidentiality is a top concern. Attorney-client privilege is a crucial legal protection that ensures open and honest communication between you and your attorney. Understanding this privilege can help you make informed decisions when seeking legal advice, free from the fear that your lawyer might disclose sensitive information.

What is Attorney-Client Privilege?

Attorney-client privilege keeps the communications between a lawyer and their client confidential. This protection extends to written, oral, and electronic communications, ensuring they are safeguarded from unauthorized disclosure. It’s the cornerstone of the trust needed in legal relationships.

Conditions for Privilege to Apply

For attorney-client privilege to be valid, communication must occur between a lawyer and their client. It should be intended to be confidential and specifically for the purpose of requesting or receiving legal advice. Without these conditions, the privilege might not apply, risking exposure.

What This Means for Clients

Attorney-client privilege means that your lawyer cannot be compelled to testify against you, and privileged communications are protected from being disclosed in court or under the Public Records Act. Knowing this, clients can speak freely, understanding that their legal strategy and discussions remain private.

Exceptions to the Privilege

While robust, there are exceptions to attorney-client privilege. If privileged information is shared with others, or if documents are shared with third parties, this protection is lost. Moreover, communications concerning planned crimes or imminent harm are not covered by the privilege, ensuring that the law is respected.

Attorney-client privilege is designed to foster open dialogue, protecting your rights and legal interests. By understanding its limitations, you can prevent unintentional breaches and maintain your legal protections. If you have specific concerns about confidentiality, consulting a legal professional is always a wise choice.