Attorney- client privilege is a right granted to a client to refuse to have confidential communications between himself and his attorney disclosed to any other third party. It is essentially a right conferred to a client but a responsibility on the attorney.
This means that the attorney cannot in any circumstance, except in certain rare instances, reveal any information exchanged between him and his client. The main purpose of the privilege is to encourage clients to make frank and honest disclosures to their lawyers without fear of this information reaching the wrong hands. It also serves to aid the attorney to be able to better represent the client and to give efficient and effective advice regarding any case the client has.
Privilege is a powerful protection of communication and not even the law, in normal circumstances can force the disclosure of privileged information. The privilege extends beyond communication and refers to also documents exchanged between the client and the attorney.
So How Does The Attorney-Client Privilege Work In a Criminal Proceeding?
Firstly, it is important to know that this privilege can only be used if:
1. There is an existing attorney-client relationship. This means that if a person is seeking legal advice, they can only seek legal advice privilege which is not the same thing.
2. The client must be sharing this information with the aim of being represented by the attorney. Meaning a simple chat with a lawyer at the bus stop cannot fall as privilege information.
There are situations where attorney-client privilege is waived or disregarded and these situations are only in specific circumstances…
Usually privilege is waived to prevent a client from abusing this privilege or use it to further criminal activities.
These exceptions are:
1. Criminal investigations of fraud cases where the attorney is required to disclose privilege information to the court when needed.
2. The privilege may be revoked by the client themselves if they so wish.
3. An attorney may be forced to reveal privilege information if the court finds that the client has the intention of committing future crimes that may harm others.
4. Any third party present during the communications between a client and the attorney are not bound by the attorney-client privilege and may share the confidential information if they wish to.
5. An attorney may be required to reveal privileged information in order to prevent physical harm to a person, or harm to a person’s property or harm to the financial interests of a third party, as in a fraud case.
The privilege is a protective doctrine whose sole purpose is to create trust and openness between the attorney and the client. In criminal investigations it may seem counterproductive to the pursuit of justice but it is essential for society as a whole. That a client may confess to his attorney everything and anything is the best way to get effective representation and the law does not easily infringe upon this privilege. This way a solid and fiduciary relationship is built between a client and his attorney.
The criminal defense lawyers at Naiburg, Obedin and Weissman take protecting the attorney-client privilege very seriously. If you or a loved one needs the services of a lawyer who will protect all of your rights call us at (631) 979-7777.