Attorney-client privilege protects confidential communications between you and your lawyer made to obtain legal advice. It encourages people to be honest with their attorneys.
What is covered
- Confidential conversations and messages with your lawyer for legal advice.
- Documents you prepare to share with your lawyer for that purpose.
- Communications with lawyer's staff acting on the lawyer's behalf.
What is not covered
- Facts, even if you tell them to your lawyer. You cannot hide existing evidence.
- Business advice not related to legal advice.
- Communications made in front of third parties who are not necessary to the representation.
- Communications made to further a crime or fraud.
How to protect it
- Keep communications private and avoid forwarding emails to others.
- Use personal devices and accounts, not an employer's system, for sensitive matters.
- Do not discuss legal advice on social media.
- Ask your lawyer if a communication will be protected.
Related protections
The work product doctrine protects materials a lawyer prepares in anticipation of litigation. Doctor-patient and spousal privileges are separate and vary by state.
Frequently asked questions
Does privilege apply to a free consultation?
Usually yes for the conversation about getting legal advice, even if you do not hire the lawyer.
Can I waive privilege?
Yes, intentionally or accidentally by sharing the communication with outsiders.