Attorney-Client Privilege

What is Attorney-Client Privilege?

Attorney-Client Privilege is a legal principle that protects the confidentiality of communications between an attorney and their client. This ensures trust between the lawyer and client while preventing the opposing party from accessing such information during legal proceedings. All conversations between attorney and client remain private.

Cornell Law School’s Legal Information Institute clarifies that attorney-client privilege also extends to written communications. The privilege can only be willingly waived by a client, and exists as long as communications do not serve to further a criminal act. A common instance of attorney-client privilege would be when a person is accused of a crime. They then consult with their defense attorney, discussing the details of their case and any evidence they have. The attorney-client privilege ensures that these discussions remain confidential, allowing the attorney to build a defense strategy without fear that the client’s statements will be revealed to the prosecution. This is seen as being fundamental to the legal system.

The Supreme Court has ruled on attorney-client privilege before. For example, in the case of Upjohn Co. v. United States in 1981, it was determined that the privilege exists, “to encourage full and frank communication between attorneys and their clients, and thereby promote broader public interests in the observance of law and administration of justice.” In that case, it was found that even confidential business files could be found to fall under attorney-client privilege. In addition to protecting the rights of an accused party, attorney-client privilege allows attorneys to know all the reasons that their clients are seeking assistance and makes it possible for them to give proper representation in return.