The Attorney-Client Privilege is discussed in this section.
Simply put, the attorney-client privilege protects what you say to your lawyer. Your discussions with your attorney should be “open and candid” in order for your lawyer to effectively represent you and your interests.
In other words, the more candid you are, the better your lawyer will be able to assist you.
The attorney-client privilege normally starts when you seek legal counsel from a lawyer. This may happen at a first meeting, not only when you sign a letter of engagement. Setting matters: if you approach a lawyer in his office and discuss your legal problem, it should be kept private. If you’re having a picnic with a lawyer? That is not confidential.
If you’re concerned, be sure to ask the lawyer you’re thinking about employing whether your first chat will be kept private.
Whatever you say to your attorney is generally protected and secret. Nevertheless, there are a few exceptions:
If a third person is present. If there is anybody else in the room, you are not talking to your lawyer alone. It is important to note that your spouse does not count here. In truth, there are rules in existence that control marital privilege: your wife or husband cannot be compelled to testify against you in many circumstances.
Similarly, you relinquish the privilege if you reveal previously secret material to another person. In other words, if you tell your friends what you informed your lawyer, the privilege may be forfeited.
If you inform your lawyer that you intend to commit a crime. Lawyers are morally obligated to notify law police if you intend to conduct a crime that may cause injury to another person. The last difference is critical. If you inform your lawyer that you’re planning to jaywalk or drive without a license after work, he doesn’t have to notify the police. If you tell him you’re intending to kidnap someone, he must notify the police.
In other words, the attorney-client privilege is waived only under exceptional and narrow situations. It’s there so you can tell your lawyer all they need to know to aid you with your case. Be truthful. Be truthful. It will assist your attorney in doing their duties to the best of their abilities.
