Understanding Attorney-Client Privileged Information: What Every Client Should Know

Understanding Attorney-Client Privileged Information: What Every Client Should Know

As a client seeking legal advice and counsel, it is important to understand the concept of attorney-client privileged information. This refers to the legal protection afforded to communication between an attorney and their client, ensuring it remains confidential and cannot be revealed to any third party without the client’s permission.

What Constitutes Attorney-Client Privilege

Attorney-client privilege only applies to communications made in confidence between a client and their attorney for the purposes of seeking legal advice. This can include verbal and written communication, as well as emails, letters, and text messages.

It is important to note that attorney-client privilege can only be invoked by the client, and not the attorney. Additionally, not all communication between a client and attorney is considered privileged. For example, if a client seeks legal advice from an attorney in a public setting where others are present, attorney-client privilege may not apply.

Exceptions to Attorney-Client Privilege

Although attorney-client privilege is a powerful legal protection, there are certain exceptions that can result in information being revealed without the client’s consent. This includes:

• Crime or fraud exception: If an attorney becomes aware that their client intends to commit a crime or perpetrate fraud, they are required by law to disclose this information to the appropriate authorities.
• Waiver of privilege: If a client chooses to disclose information they received from their attorney to a third party, they may be deemed to have waived attorney-client privilege.
• Civil disputes: In certain civil disputes, such as malpractice cases, attorney-client privilege may be waived to allow the court to examine the quality of the attorney’s representation.

How to Protect Attorney-Client Privilege

To ensure attorney-client privilege is protected, it is important to take certain steps in communication with your attorney. This includes:

• Keep communication confidential: To maintain the confidentiality of attorney-client communication, it is best to have conversations in a private setting and not discuss legal matters with anyone else.
• Label communication as “privileged and confidential”: Make sure any written communication with your attorney is labeled as “privileged and confidential” to ensure that other parties are made aware that the communication is not to be shared.
• Be aware of exceptions: Understanding the exceptions to attorney-client privilege can help you avoid accidental disclosure and protect your legal interests.

Conclusion

Attorney-client privilege is an important legal protection that can help clients communicate openly with their attorneys and protect their legal interests. Understanding the concept of attorney-client privilege, the exceptions to the protection, and how to protect your communication with your attorney can ensure that your legal matters remain confidential and secure.