Attorney-Client Privilege

A form of privilege that protects, from disclosure to third parties, confidential communications between an attorney and a client that are made for the purpose of obtaining or providing legal advice. For example, the attorney-client privilege protects the:

  • Client's request for legal advice from a lawyer.

  • Client's communication to a lawyer of facts on which the lawyer needs to give advice.

  • Lawyer's request for facts on which the lawyer needs to give advice.

  • Lawyer's legal advice.

The main purpose of the privilege is to encourage clients to provide all the necessary facts to their attorneys, so that their attorneys will, in turn, guide their clients' conduct in the right direction and resolve disputes.

The attorney-client privilege can protect virtually any mode of communication, including:

  • Written and oral communications.

  • Electronic communications.

  • Physical gestures, such as nods.

  • A client's actions, such as transferring documents.

For more information on the attorney-client privilege, see Attorney-Client Privilege and Work Product Doctrine Toolkit ( www.practicallaw.com/0-501-1475) .

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