Attorney-Client Privilege: Protecting Your Confidential Communications

At Jerry Long, Attorney at Law, we understand the importance of confidentiality in legal matters. The attorney-client privilege is a cornerstone of our profession, providing essential protection for communications between attorneys and their clients. In this guide, we'll explore what the attorney-client privilege entails, how it is created, who it applies to, how it can be terminated, and steps you can take to safeguard this crucial protection.

What is the Attorney-Client Privilege?

The attorney-client privilege is a legal principle that safeguards the confidentiality of communications between an attorney and their client. It enables clients to disclose sensitive information to their attorneys without fear of disclosure to third parties.

How is the Attorney-Client Privilege Created?

The attorney-client privilege is established when the following criteria are met:

• The communication is made between the attorney and the client (or prospective client).
• The communication is intended to be confidential.
• The communication is made for the purpose of seeking or providing legal advice or representation.

Who Has the Attorney-Client Privilege?

The attorney-client privilege belongs to the client, meaning that the client has the right to prevent the attorney from disclosing confidential communications. However, the attorney also has a duty to protect the privilege and may not disclose privileged communications without the client's consent.

How Can the Attorney-Client Privilege Be Terminated?

The attorney-client privilege can be waived or terminated under certain circumstances, including:

• Voluntary disclosure: If the client voluntarily discloses the communication to a third party, the privilege may be waived.
• Crime-fraud exception: The privilege does not apply if the communication was made in furtherance of a crime or fraud.
• Implied waiver: If the client's actions are inconsistent with maintaining confidentiality, the privilege may be waived.

How to Protect the Attorney-Client Privilege

To safeguard the attorney-client privilege, clients and attorneys should take the following precautions:

• Clearly mark communications as "privileged and confidential."
• Limit disclosure of privileged information to only those individuals who have a legitimate need to know.
• Avoid discussing privileged matters in public or on unsecured communication channels.
• Obtain written consent from the client before disclosing privileged information to third parties.

Contact Jerry Long, Attorney at Law for your Legal Counsel

At Jerry Long, Attorney at Law, we are dedicated to protecting our clients' rights and interests. If you have questions about the attorney-client privilege or need legal representation in business or estates matters, contact us today to schedule a consultation with one of our experienced attorneys. Trust Jerry Long, Attorney at Law to provide the personalized, confidential legal counsel you deserve.