What Is Client-Attorney Privilege?
Client-Attorney Privilege is a guaranteed right that is given to a client for most communications between them and their attorney. In layman terms, it is the ability to talk openly with your attorney about a situation and not fear repercussion from that discussion. The Supreme Court has ruled that Client -Attorney Privilege allows a person to receive accurate and fair legal counsel because they are afforded the ability of full disclosure.
What Types Of Information Is Not Protected By Client – Attorney Privilege
Any information that is requested from an attorney that can be used to defraud another person is not protected by client – attorney privilege. You cannot ask for advice on how to commit a crime or how to avoid being caught. When you use an attorney for tax preparation purposes privilege does not apply. If you have not hired that specific attorney for representation anything you say prior to the employment is not protected by privilege. Client –Attorney privilege may also not apply to information you disclose to your attorney in confidence that you have also disclosed to a third party.
Can Client – Attorney Privilege Ever Be Legally Broken
If the courts deem that legal advice given by the attorney has helped the commission of a crime Client-Attorney privilege can be rendered moot. It has not been clearly established how much knowledge of the crime is needed by the attorney for this to take place. Each case is carefully examined before privilege is denied. In cases where there are inheritance disputes, Client- Attorney privileges between the attorney and deceased can be revealed. Very few other situations will allow any information discussed between an attorney and their client to be revealed.
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- What Privileges Do I Have With My Attorney?
- Can My Lawyer Say Anything I Told Him Without My Permission?
- What Is The Difference Between A Lawyer And An Attorney?
- Can I Sue My Attorney?
- Should I Use The Same Attorney To Appeal My Case?