You have probably heard the term “attorney-client privilege” on television, but what does this phrase really mean? At the most basic level, the attorney-client privilege means that anything you tell your attorney (with certain exceptions) will be kept private by the attorney. This privilege applies to anyone working with the attorney on your case, for example, the attorney’s legal assistant, paralegal, law clerk and other attorneys within the same law firm. This means that an attorney who has received a client’s secret information cannot repeat it to anyone outside the legal team without the client’s consent.
The privilege applies when an actual or potential client speaks with an attorney to get legal advice, the client intends the communication to be private, and the attorney is acting as a professional (not as a friend).
One exception to the attorney-client privilege is when a client is in the process of committing or intending to commit a crime or fraudulent act and the client tells the attorney about it with the intent to further the crime or fraudulent act or to cover it up. In this situation, the attorney-client privilege does not apply.
The attorney-client privilege provides encouragement for clients to seek legal assistance and to communicate fully and frankly with the attorney as to embarrassing or legally damaging subject matters. The attorney needs all relevant information to represent the client effectively and, if necessary, to advise the client to refrain from wrongful conduct.
At Aaron Ferguson Law, we specialize in helping people with complicated claims. If you or a loved one has been injured in an accident, please call our office at 651-493-0429 to schedule a free consultation with one of our experienced attorneys.