Client privilege

Definition

Client privilege, also known as attorney-client privilege, is a legal principle that protects the confidentiality of communications between a client and their attorney. This privilege ensures that any information shared by the client for the purpose of seeking legal advice remains private and cannot be disclosed without the client's consent. It fosters an environment of candor and integrity, encouraging clients to speak freely with their attorneys without fear of repercussions.

5 Must Know Facts For Your Next Test

1. Client privilege applies only to communications made for the purpose of seeking legal advice and does not extend to non-legal matters.
2. The privilege is held by the client, meaning only the client can waive it; attorneys cannot disclose privileged information without client consent.
3. There are exceptions to client privilege, such as when the communication involves ongoing or future criminal activity.
4. In some jurisdictions, certain professionals may have similar privileges, such as doctor-patient or clergy-penitent, but these vary in scope and application.
5. Violating client privilege can lead to serious consequences for attorneys, including disciplinary actions or loss of their license to practice law.

Review Questions

• How does client privilege support the principle of candor between clients and their attorneys?
  • Client privilege encourages open communication by ensuring that anything discussed between a client and their attorney remains confidential. This safety allows clients to be honest about their situations without fearing that their disclosures will be used against them in court or shared with others. The result is a more effective attorney-client relationship built on trust, which is essential for providing sound legal advice.
• What are the limitations and exceptions to client privilege that attorneys must be aware of?
  • While client privilege is designed to protect confidential communications, there are important limitations and exceptions. For example, if a client discusses plans for ongoing criminal activity with their attorney, that communication may not be protected. Additionally, if a client waives their right to privilege or if there is a court order requiring disclosure, attorneys may have to provide information that would typically be confidential. Understanding these nuances helps attorneys navigate ethical dilemmas while maintaining their professional responsibilities.
• Evaluate how the existence of client privilege influences the ethical responsibilities of attorneys in their practice.
  • The existence of client privilege significantly shapes an attorney's ethical responsibilities by requiring them to uphold confidentiality in all communications with their clients. This duty fosters a relationship built on trust and encourages clients to disclose all relevant information without fear. However, attorneys must balance this obligation with their responsibilities to the court and society, particularly when faced with situations involving illegal activities or harm. The interplay between these duties requires careful consideration and ethical judgment to maintain integrity within the legal profession.

Related terms

Confidentiality:

The ethical duty of attorneys to protect their clients' information from unauthorized disclosure.

Waiver:

The voluntary relinquishment or surrender of a known right, such as the right to maintain client privilege.

Work Product Doctrine: A legal rule that protects materials prepared by attorneys in anticipation of litigation from being disclosed to the opposing party.