Legal Definitions - attorney-client privilege

The attorney-client privilege is a fundamental legal principle designed to protect confidential communications between a person seeking legal advice (the client) and their lawyer. Its primary purpose is to encourage clients to speak openly and honestly with their attorneys without fear that their private disclosures will be revealed to others. This allows lawyers to gather all necessary information and provide the most effective legal representation possible.

Here's how it generally works:

• Confidentiality is Key: The privilege applies to communications made in confidence. If a third party who is not essential to the legal advice (like a translator or paralegal) is present during the discussion, the communication might not be considered confidential and therefore not privileged.
• Client Control: The privilege belongs to the client, not the attorney. This means only the client can choose to waive it (give it up), allowing the information to be disclosed.
• Scope: It covers communications made during an established attorney-client relationship, or even with a prospective client who is genuinely seeking legal advice and reasonably relies on that advice.
• Protection Against Disclosure: The privilege allows clients to refuse to disclose, and prevents their attorneys from disclosing, confidential information shared during the legal representation. This protection can be invoked to resist demands for information in legal proceedings, such as during discovery requests or when a lawyer is asked to testify.

There are important limitations and exceptions to the attorney-client privilege, including:

• Future Crime or Fraud: The privilege does not apply if a client communicates with an attorney for the purpose of getting help to commit a future crime or fraud.
• Overriding Public Interest: In rare circumstances, a court might compel disclosure if there is an overwhelming public interest, such as preventing serious harm or ensuring the well-being of a child.

Examples of Attorney-Client Privilege in Action:

• Business Contract Dispute: Imagine a small business owner, Ms. Anya Sharma, is facing a lawsuit from a former supplier over a breach of contract. During a meeting with her attorney, Mr. Ben Carter, Ms. Sharma candidly explains that she intentionally delayed payment to the supplier because she discovered a critical defect in the delivered goods, a detail she hasn't shared with anyone else. She also provides Mr. Carter with sensitive internal emails discussing her company's financial struggles at the time.

  How it illustrates the term: Ms. Sharma's detailed explanation and the internal emails shared with Mr. Carter are protected by attorney-client privilege. This allows her to be completely honest about her actions and financial situation, enabling Mr. Carter to fully understand the case and develop the best legal strategy without fear that the opposing side can force him to reveal these specific, confidential communications in court.

• Personal Injury Claim: Mr. Carlos Ramirez was involved in a bicycle accident and sustained significant injuries. He consults with attorney Ms. Diana Lee to discuss filing a personal injury claim against the driver of the car. In their initial meeting, Mr. Ramirez admits to Ms. Lee that he was not wearing a helmet at the time of the accident, a fact he is embarrassed about and has not disclosed to the police or his family.

  How it illustrates the term: Mr. Ramirez's admission about not wearing a helmet, despite its potential impact on his case, is a confidential communication covered by attorney-client privilege. Ms. Lee cannot be compelled to reveal this information to the opposing party or in court. This protection encourages Mr. Ramirez to be fully transparent, allowing Ms. Lee to anticipate potential defenses and advise him on how to best proceed with his claim, considering all facts.

• Estate Planning: A retired couple, Mr. and Mrs. Evans, meet with their estate planning attorney, Ms. Grace Kim, to draft their wills and trusts. They discuss complex family dynamics, including a strained relationship with one of their adult children and their desire to leave specific assets to certain grandchildren, along with their detailed financial portfolio and health concerns. They express their anxieties about ensuring their wishes are respected after their passing.

  How it illustrates the term: The intimate details about their family relationships, financial assets, health, and personal anxieties shared with Ms. Kim are protected by attorney-client privilege. This ensures that Mr. and Mrs. Evans can be completely open and honest about their personal lives and wishes, enabling Ms. Kim to create a comprehensive and legally sound estate plan that accurately reflects their intentions, without their private information being disclosed to other family members or external parties.