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If you have ever consulted a lawyer, you may have heard of the term “lawyer client privilege”. But what does it mean, and why is it important? In this blog post, I will explain the basics of lawyer client privilege, how it protects your confidential communications with your lawyer, and what are some exceptions and limitations to this rule.

What is Lawyer Client Privilege?

Lawyer client privilege is a legal doctrine that protects the confidentiality of communications between lawyers and their clients. It means that lawyers cannot disclose or be forced to disclose any information that their clients share with them in the course of seeking or receiving legal advice.

The purpose of lawyer client privilege is to encourage clients to be honest and open with their lawyers, without fearing that their secrets will be exposed or used against them. This way, lawyers can provide better legal representation and advice to their clients, and clients can trust their lawyers more.

What Types of Communications are Covered by Lawyer Client Privilege?

Lawyer client privilege applies to both oral and written communications, such as phone calls, emails, letters, texts, etc. It also applies to any documents or materials that the lawyer prepares for the client, such as contracts, memos, reports, etc.

However, lawyer client privilege only applies to communications that are related to legal matters. It does not cover personal or business matters that are not relevant to your legal issue. For example, if you tell your lawyer about your family problems or your financial situation, he may not be able to keep them confidential if they are not connected to your legal case.

How Does Lawyer Client Privilege Work?

Lawyer client privilege works as follows:

• The person who claims the privilege must be (or have sought to become) a client of the lawyer.
• The lawyer must be (or have acted as) a member of the bar or a subordinate of such a member.
• The communication must be made for the purpose of seeking or obtaining legal advice.
• The communication must be made in confidence and not in the presence of third parties who are not part of the lawyer-client relationship.

If these conditions are met, then the communication is considered privileged and cannot be disclosed or compelled by anyone, unless the client waives the privilege or an exception applies.

How Can You Waive Lawyer Client Privilege?

Lawyer client privilege can be waived by you voluntarily or inadvertently. For example, if you give your consent to your lawyer to disclose your information or if you reveal it yourself to someone else, you lose the privilege and cannot claim it later.

Therefore, you should be careful about what you say and do when you communicate with your lawyer or anyone else. Here are some tips to help you maintain your lawyer client privilege:

• Do not talk to anyone else about what you discuss with your lawyer, unless your lawyer advises you otherwise.
• Do not share any documents or materials that your lawyer gives you or prepares for you with anyone else, unless your lawyer advises you otherwise.
• Do not use any public or unsecured devices or networks to communicate with your lawyer, such as public phones, computers, Wi-Fi, etc.
• Do not post anything on social media or other online platforms that may reveal your confidential information or legal strategy.

What are Some Exceptions to Lawyer Client Privilege?

Lawyer client privilege is not absolute and has some exceptions. Some of the most common exceptions are:

• The communication was made for the purpose of committing or facilitating a crime or fraud. For example, if a client tells his lawyer that he plans to rob a bank or cheat on his taxes, the lawyer cannot keep this information confidential and may have to report it to the authorities.
• The communication was disclosed to a third party who was not part of the lawyer-client relationship. For example, if a client tells his lawyer something in front of his friend or posts it on social media, he loses the privilege and anyone can use that information as evidence.
• The communication is relevant to a dispute between the client and the lawyer. For example, if a client sues his lawyer for malpractice or breach of contract, he cannot prevent the lawyer from revealing what they discussed during their representation.
• The communication is necessary to prevent harm or death. For example, if a client tells his lawyer that he intends to harm himself or someone else, the lawyer may have a duty to warn or protect the potential victim.

Conclusion

Lawyer client privilege is an important legal principle that protects your confidential communications with your lawyer. It allows you to be honest and open with your lawyer, so he can provide you with better legal advice and representation. However, it also has some exceptions and limitations that you should be aware of. If you have any questions or concerns about lawyer client privilege, you should consult your lawyer before you share any information with him or anyone else.

client communication confidentiality lawyer legal privilege

Ghazala Siddique