Something to Talk About: Attorney Client Privilege and You
Posted on: 12 January 2017
Many people know something about the privacy of their communications with their lawyers, but until you are put in a difficult situation and need a lawyer, you may never truly understand what it means. If you are now facing a criminal charge and need to speak with an attorney, read on for a better understanding of just how private your communications with your new attorney will be.
Strong Legal Protections
The U.S. justice system has recognized the value of confidential communications between a client (or potential client) and a lawyer. This important protection came about as a way to ensure that people accused of crimes or needing the help of an attorney for any reason should be able to speak freely to their lawyers. Everyone is entitled to be represented and to be able to put up an adequate defense against any charges, and being able to be honest with your attorney plays a major role in creating an adequate defense.
What is Covered
From your very first encounter with an attorney, you are protected by the attorney client privilege. It is not necessary to actually hire the attorney or to pay the attorney, the privilege exists nevertheless. This little facet of the law can cause issues, especially in small towns where few lawyers practice. A client need only speak to an attorney about an issue, and that attorney is now unable, ethically, to represent anyone else on that case.
The types of communications covered range widely. Everything you say, write, email, or demonstrate in any manner is covered by the privilege. This privilege never expires; your attorney cannot be compelled to reveal what you say even after the case is long decided. There are a few exceptions, but the information you reveal that pertains to past acts is also covered.
A Few Exceptions
- Future Criminal Acts: While you can be upfront about your past, if you tell your attorney that you intend to commit a future bad act, you are not covered. Attorneys are not just legal support professionals, but are considered "officers of the court" and they are required to report any threats made to commit crimes or plans to cover up those crimes in some way.
- Intent: This privilege is not meant to cover casual conversations; the client must have the express intent to be seeking legal council.
- Third Party: Once your information is exposed to a third party, it may no longer be considered confidential. For example, if your conversation with your attorney is overheard in a cafe, the person that overhears that conversation is free to reveal the information.
Be sure to consult with your attorney before you speak. For more information, check out http://www.darksidelawyers.com.
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