The attorney-client privilege protects communications between an attorney and a client from being subject to disclosure. The purpose of the attorney-client privilege is to create open and honest discussions between an attorney and his or her clients. A client is more likely to disclose all facts regarding their issue if they know that conversations are protected, and an attorney is more likely to provide effective counsel if they know all the facts. For the attorney-client privilege to exist, there must be: 1.) a communication between a client or potential client and an attorney, 2.) the attorney must be acting in his capacity as an attorney, and 3.) the client must have intended for the communication to be private. The types of communications that are subject to the attorney-client privilege include phone conversations, in-person conversations, e-mails, letters, text messages, or even certain documents containing a client’s private information. Clients and attorneys must be careful to protect against the potential destruction of the privilege. If the client brings another person to a meeting with an attorney or if a third party gets copied on an e-mail communication, the attorney-client privilege may be destroyed, which can in turn result in the required disclosure of those communications. If you have questions about the attorney-client privilege or just want to assure that your attorney is skilled in protecting the attorney-client privilege, contact the Business Law Group and ask to speak to an attorney.
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