Recently there has been talk about a long-recognized privilege being dead, but to this day many individuals still don’t know about a client’s right to disclose, or refuse to acknowledge, confidential information with their attorney. Luckily, our team at Attorney Docs decided to shed a light on the subject.
The attorney-client privilege not only encourages the client to speak candidly, but more importantly provides the attorney with necessary knowledge to develop an effective legal strategy. The greatest advantage for the attorney-client privilege, is that the lawyer cannot testify against his/her client, thus ensuring that the client receives adequate legal advice without the fear of retribution. This may include admitting to a previous crime, and if not waived, must be kept in secrecy by the lawyer; but there are exceptions…
Being one of the oldest and most respected benefits in U.S. law, attorney-client privilege does have its limits, and as of late those limits have been tested extraordinarily. For example, if the relationship between the attorney and client show a furtherance into crime or fraud, then the privilege is nullified. If a client admits to a crime, but the crime is currently being committed or in planning, that too falls outside the protection of the attorney-client privilege; so, don’t think of it as a confession booth.
“The law is reason free from passion…Man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all.” -Aristotle