![]() Legal professional privilege may be abrogated by some common law exemptions and by the express and/or necessary implication of legislative provisions. ![]() Legal professional privilege also extends to confidential documents prepared for the purpose of giving or obtaining legal advice and for the purpose of a legal proceeding. It is important to remember that legal professional privilege (which is often referred to as client privilege) is a fundamental right that vests in the client. Legal professional privilege also applies in the context of criminal investigations and regulatory investigations by authorities such as the competition authority.Ĭommunications that are protected by legal professional privilege include confidential communications between a lawyer and a client, one or more lawyers acting for the client, or lawyers acting for the client and a third person (such as an expert witness), if the dominant purpose of the communication is for providing legal advice or professional legal services, in relation to a current or anticipated legal proceeding. No matter what happens on the court room floor, in a lawyer's office everything is confidential and clients can feel free to be completely honest.Legal professional privilege is derived from the common law and from legislation, such as the Evidence Act 1995 (Cth), at both a state and federal level. In Washington state, the privilege only protects client communications whereas in California, the communications of an attorney are considered privileged no matter what.Īttorney-client privilege remains one of the most important elements governing a legal relationship. States may also apply different client-attorney privilege law. Leventhal, fought this policy, courts have long upheld the government's right to this information. While numerous cases, including United States v. The feds pushed a policy that made attorneys disclose the name and amount of cash payments made by clients in excess of $10,000. In the early 1990s, the federal government began to narrow the attorney-client privilege in an attempt to fight the war on drugs. Further, the privilege does not apply when an attorney is acting as a business advisor (i.e., board member) to a company. It is important to remember that a court may force disclosure of certain facts and that privilege will never apply to any communication concerning commitment or intent to commit a fraud or a crime. Client is the only person who may waive the privilegeĬourts may make exceptions to the above if they find that great harm is caused to the other side by upholding the privilege.Communication must be made as part of securing legal opinion and not for purpose of committing a criminal act. ![]() ![]() Communication must occur solely between the client and attorney.Person to whom the communication was made must be a certified attorney.Person who asserts privilege must be an actual client or must have attempted to become a client of the attorney at the time information was disclosed., the court defined the requirements for attorney-client privilege as follows: In the well-known 1950 case of United States v. The client, and not the attorney decides which information is confidential and should remain privileged and advises the attorney accordingly. While an attorney may invoke the privilege on behalf of a client, the right originates with the client. This privilege is important because it allows a client the comfort to disclose all necessary factual information to an attorney without fear that such discussions will harm the client's case. Based on early English common law, the idea of privilege is a simple one-a client maintains the privilege to refuse to disclose or to have an attorney disclose any communications that occur while one is seeking legal advice. This concept is also known as the attorney client privilege. One of the basic tenets of the relationship between an attorney and the client is that any information which passes between the two remains confidential.
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