What Is Attorney-Client Privilege?
Depending on the circumstances, communications between an attorney and a client can be considered “privilege”. The attorney-client privilege means that neither an attorney nor their client can be commanded to share their communications with others. This rule helps clients feel secure that their most sensitive information does not fall into the wrong hands. Attorney-client privilege allows clients to communicate freely with their attorneys and for their attorneys to give the best possible legal advice.
The rules concerning privileged communication between attorneys and clients are not necessarily cut and dry. There are attorney-client privilege exceptions in certain circumstances. The cornerstone of attorney-client privilege is confidentiality and whether communications are kept confidential or exposed to third parties.
Definition of Attorney-Client Privilege
Attorney-client privilege is one of the oldest privileges known to the legal system.
Where legal advice is sought from a professional legal counselor in their capacity as a legal professional, any communications related to that purpose made confidentially by the client (or potential client) are protected from disclosure by the client or lawyer unless the protection is waived.
To add further detail, courts have found privileged communication to exist when someone seeking legal advice speaks to a lawyer or member of their staff about legal services or help with a legal proceeding. The communication must be private and for the purpose of obtaining or providing legal advice.
Lawyer-client confidentiality is a crucial element of the privilege: third parties can’t be included in the communication, or the privilege could be permanently waived. For example, a one-on-one conversation between an attorney and a client in the lawyer’s office would be confidential. On the other hand, a conversation between an attorney and a client in an elevator or coffee shop would not be confidential, and those communications would not be privileged.
Further, attorney-client privilege applies to information about a case (or potential case) but not all communications. If you talk to your attorney about current events, the weather, or other non-legal topics of conversation, those communications aren’t necessarily privileged.
Attorney-Client Privilege Exceptions
A client can discuss past acts with their lawyer and expect those conversations to remain confidential. However, if the client communicates with an attorney to discuss their plans to commit a crime or fraudulent act in the future, that conversation may not be a privileged communication. Not only are such statements often not privileged, but Illinois Rules of Professional Conduct require attorneys to disclose statements from clients about planned crimes or acts of fraud or financial crimes against others.
Clients and potential clients might mistakenly believe that sharing criminal or fraudulent information with a lawyer can shield this information from others.
General information about an attorney’s representation, or the names of individuals involved with a case, are usually not confidential under the attorney-client privilege. Also, if the client is a corporation and the company needs information disclosed in a meeting, there could be a fiduciary duty that supersedes attorney-client privilege.
An attorney or client can also waive attorney-client privilege by sharing communications that would normally be privileged. Sometimes, this can be done unintentionally by sharing documents that contain privileged content. Attorneys and clients must be careful to avoid making this mistake.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
Attorney-client privilege is a fundamental concept of legal practice that dates back centuries. Without this privilege, clients could not trust the confidentiality of their conversations with attorneys, and lawyers would not be able to successfully handle their clients’ cases. However, the privilege is not absolute, and some communications could fall outside attorney-client privilege.
To learn more and get the help you deserve, call our divorce lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068