Find Out What Attorney Client Privilege Really Means

Jan 17
09:02

2012

Aaliyah Arthur

Aaliyah Arthur

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You may have heard about attorney client privilege from cable television and movies. However there is much more to this legal principle that you may catch on your favorite legal drama.

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The concept of attorney client privilege on the surface seems to be a simple principle. A client is able to communicate with his legal representative and be completely honest about whatever situation has taken place. It helps his or her lawyer provide the best representation possible. However there are certain requirements that must be met for this principle to be considered valid. There are also times when clients are not protected by this privilege.

Requirements for the Principle to be in Effect

In order for attorney client privilege to apply,Find Out What Attorney Client Privilege Really Means Articles there are special requirements for all of the individuals involved. If something is off, the information is not necessarily protected. First, the person looking for the privilege must either be a client or be seeking representation. If you are in a room speaking with a lawyer that does not represent you in any way, the information is not necessarily covered.

On the other side of things, the person to which the information was given needs to be an actual attorney (or someone working on behalf of him or her) and they must be actually representing the person communicating. Again, random interactions are not covered under this principle.

The final requirement is that the discussion was held with the idea that legal advice would be administered. A person can tell his legal representative something that would potentially affect his case. At this point, the information is protected.

When it Doesn't Apply

Not all communication is covered under attorney client privilege. One of the basic misunderstandings about the protection is when it is covered. If you are talking with any lawyer that doesn't mean that what you say is confidential. You may know a legal representative or even work with one but because he or she is not your actual lawyer, your communications are not covered.

If you tell your lawyer something that you have told someone else, it is still possible for this information to come to light. While your attorney will not bring it up, there is no protection offered from the other person you told to make mention of the interaction.

You also can't tell your lawyer that you plan to commit a crime. The moment that you initiate the crime (or fraud) your privilege is removed. While talking about issues and crimes of the past is covered, mentioning new ideas for a potential crime could spell trouble.

When it comes to legal matters, there are situations that could create an issue with these types of communications. It all depends of the circumstances. If you have concerns about what you are going to tell your lawyer, consider asking for more details about the privilege and how it applies to your current representation.