Attorney-client privilege is a legal concept that protects confidential communications between a lawyer and their client that relate to the clients seeking of legal advice or services. The privilege is one of the oldest and most respected privileges, and it prevents a lawyer from being compelled to testify against their client. The purpose of the privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others.
The attorney-client privilege generally applies to communications that meet the following criteria:
- Legal advice of any kind is sought from a professional legal adviser in their capacity as such.
- The communications relating to that purpose are made in confidence by the client.
- The communication is intended to be confidential.
- The communication is for the purpose of requesting or receiving legal advice.
The attorney-client privilege does not apply to every communication with an attorney. For example, communications relating solely to non-legal business matters are not privileged. Additionally, some courts limit the attorney-client privilege if there exists an overriding public policy interest, such as protecting a child.
It is important to note that the attorney-client privilege protects communications between attorney and client, not underlying information. Providing existing non-privileged information or documents to an attorney does not render them privileged.
Under Federal Rules of Evidence 502, the privilege is not waived if the disclosure was inadvertent, the holder of the privilege took reasonable steps to prevent disclosure, and the holder promptly took reasonable steps to rectify the error.
