When you talk to your attorney, the last thing you want is for a third party like a judge to listen. Essentially, that is the idea behind attorney-client privilege, a rule protecting communications between a client and an attorney. It guarantees that whatever was shared by you will not be used against you in the court of law. What types of conversations are actually protected by the law?
Private Communications About Legal Advice
The most common form of protected communication happens when you seek or acquire legal counsel. You may connect with your lawyer and get legal advice in person, over the phone, through email, or via text messages.
If you give your attorney information regarding your car accident so that they can evaluate liability, that information is privileged. Asking how to deal with a contract dispute or a criminal charge also has the same protection. This is valid so long as the communication is for the purpose of legal advice and is made in confidence.
Information You Share to Build Your Case
The background information you provide your attorney so that they can represent you efficiently is also privileged. This applies to any documents, messages, or personal accounts you have that will help. Your communications with your lawyer will always be confidential, even if they are sensitive or incriminating. If lawyers do not know everything about the case, they are not in a position to defend you. The confidentiality of the client-attorney conversation is protected by law to ensure full disclosure.
Discussions About Legal Strategy
When you and your lawyers discuss strategy, whether to accept a settlement, what evidence to present, and so on, those discussions also receive protection. These are tactical, case-related communications that fit fully under the privilege umbrella. This shield allows clients to communicate candidly about options, risks, and possible results without worry that the opposition’s lawyer might expose these discussions later on.
Written and Digital Communications
Attorney-client conversations usually take place over email, messages or online meetings. This type of communication will have this protection as long as it is not done in public.
Nevertheless, it is important to use caution. For instance, an email to your lawyer sent from your work account is probably not confidential if your employer monitors company emails. A reasonable expectation of privacy is necessary for privilege.
Preliminary Conversations with a Potential Lawyer
You usually get protection for preliminary discussions even if you have not retained a lawyer. When you meet with a lawyer to discuss whether you want to work together and share confidential information about your situation, that is a privileged conversation as long as both sides understand that it was for legal advice. This safety net promotes early legal consultations within a safe space, with no worries about exposure before the start of the process.
When the Privilege Does Not Apply
There are exceptions to this law. When you have a private conversation in front of a third party, the conversation is usually not protected. However, if those parties were necessary to the communication, the attorney-client privilege still applies. An example of this is a paralegal or interpreter. Moreover, a client’s future crimes or fraud when discussed with an attorney is not privileged. The law was put in place to guard genuine legal guidance, not to protect crime.
Key Takeaways
- Sharing information intended to build a case is protected under the law.
- If written and electronic communications are confidential, privilege applies.
- Even preliminary consultations are typically covered.
- There are exceptions, which include any communications with third parties or about future crimes.
