Attorney-client privilege establishes confidentiality between a lawyer and client, extending to all legal team members. Communications are covered, including after representation ends. The client can waive privacy, but the attorney cannot. Violations can result in legal action. Exceptions include intent to commit a crime or fraud.
The relationship between a lawyer and his client is a special one and comes with some special privileges. One example is attorney-client privilege. This establishes a right of confidentiality between the two parties. It applies to civil, administrative and criminal cases. It also applies at all stages of the legal process and afterwards.
In order for a client to get the best possible legal representation, they must be able to communicate openly with their attorney. Likewise, a lawyer must be able to communicate openly with his clients. The attorney-client privilege allows for such open and honest communication without either party needing to fear an obligation to disclose what is disclosed between them.
The attorney-client privilege extends beyond both sides. Anyone who works as part of the legal team representing a client may be bound by the attorney-client privilege. This means that if a client discloses information to an attorney’s associates, such as his legal secretary or legal assistant, he may be protected by a right to confidentiality.
All communications between the attorney and the client are covered by this privilege. This includes things that are discussed and written correspondence such as letters and emails. The attorney-client privilege exists even when an attorney no longer represents the client. This includes cases where the client fires her attorney, the attorney decides she is unable to continue representing an individual, or the client dies.
The attorney-client privilege empowers the client. If for some reason he wishes, the customer can decide to waive his right to privacy. An attorney, however, does not have the opportunity to decide that he no longer wishes to keep the information he has received confidential. An attorney may advise a client to keep certain information about a case confidential, but this privilege does not allow the attorney to prevent a client from saying what he wants to whoever he wants.
Many things can happen if an attorney violates attorney-client privilege. The client can take legal action against the lawyer. The customer may aim to have disclosed information deleted from the register. In some cases, the case may even be dismissed.
A person should realize that there are instances where attorney-client privilege offers no protection. One such case is when a client informs his lawyer that she intends to commit a crime. Another case is when a person seeks the advice of a legal representative to reveal how best to commit a fraudulent act. The names of an attorney’s clients and the fees they pay for legal representation are also generally not considered inside information.
Protect your devices with Threat Protection by NordVPN
