Client Attorneys For Attorney-client Privilege
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FAQ
At its most basic, the privilege ensures ?that one who seeks advice or aid from a lawyer should be completely free of any fear that his secrets will be uncovered.? 2 Thus, the underlying principle of the privilege is to provide for ?sound legal advice [and] advocacy.? 3 With the security of the privilege, the client ...
Discussions of previous acts are generally covered by the attorney-client privilege. If, for example, a client tells his lawyer that he robbed a bank or lied about assets during a divorce, the lawyer probably can't disclose the information.
A classic example involves someone being arrested and charged with Penal Code 503 embezzlement from their employer. They retain a defense lawyer and admit they did indeed take the money. Their lawyer can't disclose their conservation to anyone during the court process.
Three examples where advice would be covered by the attorney-client privilege are initial consultations, identity information, and whereabouts. On the other hand, three examples that attorney-client privilege doesn't cover are the client's fee arrangement, physical evidence, and preexsisting documents.
The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.