What is the attorney‑client privilege?

What is the attorney‑client privilege?

• A. Communications between attorney and client do not enjoy privilege.
• B. Communications between attorney and client made for seeking or receiving legal advice are privileged, with certain exceptions.
• C. It applies to all business communications.
• D. Attorney-client privilege is identical to the work product doctrine.

Answer: (B)

Attorney-client privilege protects confidential communications between a client and attorney that are made for seeking or receiving legal advice. The purpose is to encourage full and honest disclosure so the lawyer can provide informed guidance. The key idea is the communication itself, not just the factual information, and it must be intended to be confidential and reasonably kept confidential. Because of this, the privilege often belongs to the client and can be waived only by the client or under the conditions that destroy confidentiality (for example, sharing the content with someone not necessary to obtain legal services). It does not cover all business conversations, only those made to obtain or obtain legal advice under the expectation of confidentiality. There are exceptions, such as the crime-fraud exception, which excludes the privilege when the purpose of the communication is to further a crime or fraud. Finally, the attorney-client privilege is distinct from the work product doctrine, which protects materials prepared in anticipation of litigation rather than the communications themselves.

Attorney-client privilege protects confidential communications between a client and attorney that are made for seeking or receiving legal advice. The purpose is to encourage full and honest disclosure so the lawyer can provide informed guidance. The key idea is the communication itself, not just the factual information, and it must be intended to be confidential and reasonably kept confidential. Because of this, the privilege often belongs to the client and can be waived only by the client or under the conditions that destroy confidentiality (for example, sharing the content with someone not necessary to obtain legal services). It does not cover all business conversations, only those made to obtain or obtain legal advice under the expectation of confidentiality. There are exceptions, such as the crime-fraud exception, which excludes the privilege when the purpose of the communication is to further a crime or fraud. Finally, the attorney-client privilege is distinct from the work product doctrine, which protects materials prepared in anticipation of litigation rather than the communications themselves.