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What is Attorney Client Privilege?

This refers to a client’s right or ability to restrict the sharing of any information with any other party other than the attorney This type of privilege is by far one of the most recognized privileges when it comes to confidential communications. When it comes to countries such as the U.S, The Supreme Court states that by ensuring confidentiality, this privilege allows clients to make comprehensive disclosures to their lawyers, who can, in turn, provide the best advice for effective representation. There are various important factors to be considered when it comes to the implementation of the attorney client privilege.

Attorney Client Privilege

General requirements of The Attorney-Client Privilege:

While there are some minor variations, the aspects which are important for establishing attorney-client privilege include:
  • The person who receives the communication should be a member of the court or an assistant for such A member
  • In relation this communication, the individual should be a certified lawyer
  • The goal of the communications would be to seek legal counsel

Exceptions:

More importantly, there are various exceptions that should be considered especially in relation to The jurisdictions. Some of The main ones including:
  • The communication should occur when other individuals other than the lawyer are present
  • The communication was made with the aim of breaking the law or perhaps committing crimes
  • The client has trespassed the privilege such as releasing the information to other parties

This unique nature of this rule makes it somewhat similar to various other confidentiality approaches such as the joint defense rule. To be specific, this type of rule is designed to provide the confidentiality required when communication from one party to another, whereby a joint defense strategy is used by both sides.

In this case, any discussions about the client’s past records or otherwise might be classified as a violation of contracts or agreement. This type of privilege has differences from and should not be substituted for approaches such as the work product doctrine. This type of client privilege is meant to help ensure that the client`s rights are protected during representation. While some proponents might argue about its effectiveness in client cases, it has been in practice for several years now.

Situations in which this privilege is not applicable:

When the lawyer is not acting mainly as The attorney, but for example as a member of various other non-relevant parties or perhaps in any other known legal role, then this privilege may not be applicable.

This privilege is used to protect confidential communication and not The in depth details. For example, when the client has in the past released vital information to other individuals who are not their lawyer and then provides the same information to their lawyer, this privilege will still protect the security of information shared with the attorney. However, it won’t protect The communication that occurred with The third party.

This privilege may fail if the confidential communication and information are released to any other individuals. Any other restrictions on the privileges may be applicable in relation the specific situation and circumstances In discussion.

Posted in Attorney Client Privilege