Also known as: lawyer client privilege · lawyers-client privilege · attorney-client privilege · client-lawyer privilege
Written by attorneys · grounded in primary & secondary sources — see below
The protection that applicable law provides for confidential attorney-client communications.
Logan Lane left her firm to join a new practice handling similar matters for Lotus Pharmaceuticals. Before accepting the new matters, she reviewed prior client lists at her old firm to identify potential conflicts. She limited the review to non-substantive identifiers so that no confidential communications were revealed.
Leonard Lowe's counsel prepared written summaries of interviews with potential witnesses after a design-defect suit was filed. The opposing party sought the summaries in discovery. The court denied production because the memos contained confidential communications made for the purpose of obtaining legal advice.
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Liam Larson produced thousands of documents in federal litigation. An automated filter mistakenly included an email chain containing confidential legal advice from in-house counsel. Because the disclosure was inadvertent and reasonable preventive steps had been taken, the privilege remained intact.
Levi Lowe, a police officer, met with counsel for legal advice after a shooting. The plaintiff in a later civil suit sought the session notes. The notes were protected because the communications occurred in a confidential setting for the purpose of obtaining legal advice.
Landon Long, in-house counsel at Lumen Capital, directed mid-level engineers to provide information about product defects for the purpose of obtaining legal advice. The resulting communications were later sought in discovery. The privilege applied even though the engineers were not senior management.
Leah Lamb died after consulting counsel about estate planning. Her heirs later sought production of the communications in probate litigation. The privilege continued to bar disclosure because termination of the relationship by death does not end the protection.
Yes. Communications made by employees to corporate counsel at the direction of superiors for the purpose of securing legal advice remain protected even when the employees are not senior management.
Yes. The privilege applies indefinitely and continues after the client's death because clients must be assured that their communications will remain confidential even after death to encourage full and frank disclosure.
No. Attorney work product such as interview memoranda prepared in anticipation of litigation receives separate protection under the work-product doctrine and is not shielded by the attorney-client privilege itself.
No. An inadvertent disclosure does not waive the privilege when the holder took reasonable steps to prevent disclosure and promptly sought return of the material.
Yes, but only to the extent necessary to detect and resolve conflicts and only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client.
…Opinion of Justice Rehnquist We granted certiorari in this case to address important questions concerning the scope of the attorney-client privilege in the corporate context and the applicability of the work-product doctrine in proceedings to enforce tax summonses. 445 U. S. 925. With respect to the privilege question the parties and…