General legal information for the United States, not legal advice. Read the disclaimer

Attorney-Client Privilege: What Is Protected

Photo: Tingey Injury Law Firm / Unsplash

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

  1. Keep communications private and avoid forwarding emails to others.
  2. Use personal devices and accounts, not an employer's system, for sensitive matters.
  3. Do not discuss legal advice on social media.
  4. Ask your lawyer if a communication will be protected.

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.

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