Legal Definitions - lawyer–client privilege

Lawyer–client privilege is a fundamental legal principle that protects confidential communications between a client and their lawyer. This protection applies when a client seeks legal advice or representation, and the communications are made for that specific purpose.

The privilege ensures that clients can speak openly and honestly with their legal counsel without fear that their discussions will be disclosed to others, especially in court or during legal proceedings. This encourages full and frank communication, which is essential for a lawyer to provide effective and informed legal assistance. The privilege belongs to the client, meaning the client is the one who holds the power to waive it (allow the information to be disclosed).

• Example 1: Criminal Defense

  A person, Alex, is under investigation for a complex fraud scheme. He meets with his defense attorney, Ms. Davies, and candidly explains his involvement, including details that could potentially incriminate him. Alex also shares his concerns about potential witnesses and evidence.

  The conversations between Alex and Ms. Davies are protected by lawyer–client privilege. This means that Ms. Davies cannot be compelled to reveal what Alex told her in court or to prosecutors, even if it's damaging to his case. The privilege allows Alex to be completely honest with his lawyer, enabling Ms. Davies to build the best possible defense strategy based on all the facts, without fear that his honesty will be used against him.

• Example 2: Corporate Transaction

  A technology startup, "InnovateTech," is planning to acquire a smaller competitor. The CEO, Sarah, discusses with InnovateTech's corporate lawyer, Mr. Kim, the financial risks, intellectual property concerns, and potential regulatory hurdles related to the acquisition. During these discussions, Sarah reveals proprietary business strategies, internal financial projections, and sensitive market analysis.

  The detailed discussions between Sarah and Mr. Kim are covered by lawyer–client privilege. This ensures that InnovateTech can seek comprehensive legal advice on a sensitive business transaction without worrying that their confidential strategies or financial data will be exposed to competitors or regulatory bodies through Mr. Kim's testimony. The privilege allows the company to make informed decisions with full legal guidance.

• Example 3: Estate Planning

  An individual, Robert, consults with his estate planning attorney, Ms. Chen, to draft his will and establish a trust. Robert shares deeply personal family dynamics, details about his relationships with various beneficiaries, and sensitive financial information, including assets he wishes to keep private from certain family members.

  The intimate and financial information Robert shares with Ms. Chen is protected by lawyer–client privilege. This allows Robert to fully disclose all relevant, even sensitive, information about his family and finances to his attorney, enabling Ms. Chen to create an estate plan that accurately reflects Robert's wishes and protects his assets, without fear that Ms. Chen could be forced to reveal these personal details to family members or in court.