According to attorney-client privilege, attorneys may not divulge their clients’ secrets. This allows clients to openly share information with their attorney so that they can provide the most effective representation.
In general, the attorney-client privilege applies when a client or potential client communicates with a lawyer regarding legal advice, the lawyer is working in a professional capacity, and the client’s intention was for the communication to be private.
Any written or oral communication with clients that clients can reasonably expect to remain private may not be shared. A lawyer who has been entrusted with a client’s confidences cannot repeat them to anyone outside their legal team without the client’s consent.
The privilege is the clients, not the lawyers, however, this also means that the client can forfeit the privilege. The privilege generally stays intact even after the case is closed and after the client passes away.
This confidentiality applies to conversations between attorneys and potential clients as well, therefore what prospective clients disclose may not be revealed even if the attorney does not end up taking their case.
There are some instances where this does not apply though, such as if the attorney has knowledge that their client intends to commit a crime in the future, they are obligated to disclose that.
Attorney-client privilege also varies from state to state and from the state to federal level as well so ask your attorney about attorney-client privilege when you receive your consultation to understand the particulars of your situation.
If you are in need of legal advice, call our experienced attorneys at ReidGoodwin today for a free no obligation consultation.