The Attorney-Client Privilege

Описание: Communications between an attorney and their client is privileged and confidential. This is what is known as the attorney-client privilege. For the attorney-client privilege to be effective, client must be able o share all relevant information with their attorney without worrying that it may be used against them.

Attorneys in CA are required to claim the attorney-client privilege - or refuse to disclose the privileged communications whenever anyone seeks to get the attorney to disclose it. For purposes of the privilege, a lawyer anyone authorized to practice law in CA or anyone whom the client reasonably believes is authorized to practice law.

A client is defines as anyone who consults with a lawyer either to secure legal advice or services or to retain or hire the attorney. This means that if the attorney-client privilege may begin to apply before you have even hired an attorney. Conversations that you have with an attorney when you are considering retaining the attorney are still covered by the privilege.

The attorney client privilege continues to protect your communications with your attorney even after the attorney-client relationship has ended. It protects only communications disclosed in confidence. That means if anyone other than the attorney is present when you make the communication, the communication may not be protected.

You can waive, or eliminate the privilege by disclosing a significant part of the privileged communication that you had with the attorney to a third party or by concerning to disclosure.

There are a couple exceptions:
1. The Crime Fraud exception. — if you are seeking to have a lawyer help you with planning or carrying out a crime or fraud, your communications with the attorney are not privileged.
2. if the lawyer reasonably believes that disclosure of the confidential communication is necessary to prevent death or substantial bodily harm.

#attorney #client #attorneyclient #privilege #disclosure #california #estateplanning