Also known as: attorney-client · attorney client · attorney-client relationship · lawyer and client
Written by attorneys · grounded in primary & secondary sources — see below
The confidential relationship between a lawyer and a client that protects communications made for the purpose of obtaining legal advice. The relationship triggers duties of confidentiality and supports the attorney-client privilege, which shields qualifying communications from compelled disclosure. The privilege belongs to the client and continues even after the relationship ends.
Amber Alonzo left her old firm to join a new one handling a matter adverse to a former client. Before accepting the new matter, her new firm asked her to identify any overlapping clients so it could run a conflicts screen. She revealed only the names of the clients and the general nature of the prior representations without disclosing any confidential details that would harm the former client.
Apollo Energy's counsel prepared written summaries of interviews with potential witnesses after litigation was anticipated. When the opposing party sought those summaries in discovery, the court refused production because the materials reflected the attorney's preparations even though they were not communications between attorney and client.
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Arcadia Retail's in-house counsel exchanged emails with the company's compliance officer about regulatory reporting obligations. When the emails were subpoenaed, the court applied the definition of attorney-client privilege to determine whether the communications qualified for protection as confidential legal advice.
After a workplace incident, Azure Solutions arranged confidential sessions between an employee and a licensed social worker. The employee discussed facts relevant to a later lawsuit, and the court treated the communications as protected in the same manner as attorney-client communications would be protected.
Apex Dynamics's general counsel directed mid-level engineers to provide information about product defects so counsel could advise the company on potential liability. When plaintiffs sought those communications, the court held they were protected because the employees acted at the direction of superiors to obtain legal advice.
Andre Antoine consulted an attorney about estate planning and disclosed sensitive family financial details. After Andre's death, his heirs sought to compel the attorney to reveal those communications in a will contest, but the court ruled the privilege continued and barred disclosure.
The privilege protects communications between corporate counsel and employees at all levels when the communications are made at the direction of superiors for the purpose of securing legal advice.
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The privilege applies indefinitely and survives the client's death because the assurance of continued confidentiality encourages full and frank disclosure during the relationship.
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An inadvertent disclosure does not waive the privilege if the disclosure was unintentional, the holder took reasonable steps to prevent disclosure, and the holder promptly took reasonable steps to rectify the error after discovering it.
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The attorney-client privilege protects confidential communications between attorney and client for legal advice, while work-product protection separately shields materials prepared by an attorney in anticipation of litigation even if they are not privileged communications.
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…questions such as this with mathematical precision. But if the purpose of the attorney-client privilege is to be served, the attorney and client must be able to predict with some degree of certainty whether particular discussions will be protected. An uncertain privilege, or one which purports to be certain but results in widely…