Also known as: attorney client evidentiary privilege · attorney-client privilege · attorney client privilege · evidentiary privilege · ACP
Written by attorneys · grounded in primary & secondary sources — see below
The protection that applicable law provides for confidential attorney-client communications made for the purpose of obtaining or providing legal advice. The privilege shields such communications from compelled disclosure in litigation or other proceedings unless an exception or waiver applies.
Abigail Alvarez leaves her firm to join another. Her new firm asks her to identify prior clients whose matters might overlap with current firm clients. She reveals only the names of the matters and the general nature of the representations without disclosing any confidential communications or advice given to those clients. The limited disclosure allows the firm to screen for conflicts without waiving the privilege.
Anthony Arnold's lawyer prepares written summaries of interviews with potential witnesses in anticipation of trial. The opposing party seeks the summaries in discovery. The court denies the request because the materials are work product rather than attorney-client communications, and no showing of necessity has been made.
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Alexandra Armstrong, an executive at Aurora Biotech, emails in-house counsel seeking advice on regulatory compliance. The email is later sought in discovery. The court recognizes the communication as protected because it qualifies as a confidential attorney-client exchange under applicable law.
Ariana Azizi, a mid-level engineer at Astra Aerospace, is directed by her supervisor to meet with corporate counsel about potential product liability issues. The communications are later subpoenaed. The court upholds the privilege because the interviews were conducted at the direction of superiors for the purpose of obtaining legal advice.
Albert Allen consults his lawyer about a contract dispute while his longtime business advisor is present to help explain technical details. The opposing party claims the presence of the advisor destroys confidentiality. The court finds the privilege intact because the advisor's presence was reasonably necessary to facilitate the communication.
Aisha Ahmed, a police officer, meets with a licensed social worker for trauma counseling after an incident. The communications are later sought in civil litigation. The court notes that the psychotherapist privilege functions like the attorney-client privilege in protecting confidential treatment communications from disclosure.
A party must expressly assert the privilege and provide a description of each withheld item sufficient for the opposing party to assess the claim. A bare or blanket assertion without a proper privilege log fails to satisfy this obligation.
No. Under Federal Rule of Evidence 502(b), inadvertent disclosure does not waive the privilege if the holder took reasonable steps to prevent disclosure and promptly took reasonable steps to rectify the error after learning of it.
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. Senior management status is not required.
The presence of a third person does not automatically defeat the privilege if that person's presence is reasonably necessary to the communication and the circumstances manifest an intent to maintain confidentiality.