What the Attorney-Client Privilege Really Means

It is normal to worry about the security of private, sensitive information you give to a legal professional. The potential risks of this information falling into the wrong hands can be great. One of the greatest advantages of hiring an attorney, however, is the attorney-client privilege. This is a fundamental right to privacy you receive by retaining legal counsel.

The Five Cs of the Attorney-Client Privilege

Entering into an attorney-client relationship automatically gives you the right to have any communications between you and your lawyer protected from disclosure to any third party. This is a right that comes with the attorney-client relationship by nature. It is called the attorney-client privilege.

When defining the attorney-client privilege, many use the five Cs:

1. All types of communication are protected under the attorney-client privilege, including spoken, written and digital communications.
2. The attorney-client privilege will only provide confidentiality if the communication is limited to the client and lawyer only. If any third party receives the communication, the attorney-client privilege is waived.
3. The communication must come from a lawyer’s client. A client can mean someone with a formal retainer agreement with the lawyer or any individual or corporation consulting with a lawyer to obtain legal advice.
4. The person to whom the admission was made must be an attorney (otherwise known as counsel) for the attorney-client privilege to exist. A representative of the attorney, such as a paralegal or assistant, will also be subject to attorney-client privilege.
5. The communication held in confidence must have been made for the purpose of seeking legal counsel, which in this case means advice. The lawyer must be providing legal advice to the client to initiate attorney-client privilege.

The purpose of attorney-client privilege is to allow a client to speak openly and freely with his or her attorney without the fear of the information being disclosed to a third party, such as a business, government agency or law enforcement. The underlying goal of this rule is to ensure someone seeking counsel from a lawyer can tell the lawyer secrets relevant to the claim without fear of them getting out. That way, the attorney can provide more accurate professional advice to the client.

Exceptions to the Attorney-Client Privilege

There are some scenarios in which the attorney-client privilege will not apply. First, if the client dies, this permits the attorney to reveal information held in confidence if litigation ensues from other parties filing claims under the deceased client. Second, if a client seeks advice from a lawyer on how to further a crime being committed, this is not privileged information. It is only privileged if the client has completed a crime and seeks defense counsel.

Third, if two parties on the same case are represented by the same attorney, neither client can assert the attorney-client privilege against the other party in a subsequent case (the common interest exception). Finally, in the case of a corporation, the right to use the attorney-client privilege is not absolute. If the corporation’s shareholders wish to access the information given to a lawyer, they can pierce the corporation’s attorney-client privilege.

What Does Attorney-Client Privilege Mean to You?

If you get injured in an accident in Houston and seek counsel from a Houston personal injury lawyer, anything said between you and the attorney will be held in confidence unless an exception applies. The attorney legally will not be able to disclose anything you discussed to any third party. Even if you admit to contributing to the accident, your lawyer cannot disclose this information to an insurance company.

You can feel safe giving sensitive information to your attorney thanks to the attorney-client privilege. Learn more about how this privilege works by asking an attorney.