Attorney-client privilege is a legal protection that keeps communications between you and your lawyer confidential. It goes further than general confidentiality: it means your lawyer generally cannot disclose (and cannot be compelled to disclose) what you share with them, even in court. Subject to certain exceptions, your lawyer cannot voluntarily testify or be forced to testify about communications made within your attorney-client relationship.
Frequently Asked Questions
Does attorney-client privilege apply to an initial consultation, even if I don’t hire the lawyer?
Generally, yes. Information you share with a lawyer during an initial consultation is typically protected even if you don’t end up retaining them. You can seek legal advice and ask questions without worrying about jeopardizing your legal position.
What if there’s someone else in the room when I talk to my lawyer?
Attorney-client privilege may be waived if unnecessary third parties are present during confidential communications. For example, bringing a friend or family member into a meeting with your lawyer could jeopardize the privilege. However, certain third parties who are necessary to the representation (such as interpreters or legal staff) generally do not destroy the privilege.
Can I lose the privilege by sharing the information with someone else?
Yes. If you voluntarily share privileged information with a third party, you may waive the privilege as to that communication. Once confidentiality is lost, the protection generally cannot be restored.
Does the privilege end when my case is over?
No. Attorney-client privilege continues even after the attorney-client relationship has ended. Any protected communications remain protected indefinitely.
What if I tell my lawyer about something illegal I did in the past?
Disclosures about past criminal or fraudulent behavior are generally still covered by attorney-client privilege.
Could my lawyer be required to report something I told them?
In some circumstances, yes. In many states, if a client reveals an intention to commit a crime that could cause death or serious harm to another person, the lawyer may be ethically permitted (or even required) to report this to the authorities. This varies by jurisdiction, so it’s worth asking your lawyer about the rules in your state.
If you have questions about attorney-client privilege or need legal guidance, our attorneys at Chung & Reynolds are available to help. Please contact our office to discuss your situation and learn more about your legal rights and protections.
Disclaimer: The information contained on this website and in this article is for general information purposes only and is not intended to be, nor should it be interpreted as, legal advice or a substitute for legal counsel. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. While we strive to ensure the information is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, or reliability of this information. Any reliance you place on such material is strictly at your own risk.