Naturally, the Att0rney-Client relationship sh0uld accord abs0lute and utm0st confidentiality of the dealings and all informati0n about their transacti0ns. This info should be pr0tected from any compelled discl0sures to any third parties whatsoever.
The significance of its application.
The attorney-Client priv1lege is essential in ensuring that clientele communicates honestly and with candor to enable the attorneys to provide accurate and well-fashioned proficiency advice and that the clientele is secure knowing that his discussions with his attorney will not be used adversely used against their interests. You can reach us to understand m0re about matters of Attorney-Cl1ent priv1lege.
The privilege’s practicabilty.
The priv1lege has had a really practical consequence in that the attorney may not be forced or voluntarily make to be known any issues disclosed to them by their clientele in an aim to get legal guidance. As a general rule, for an attorney-client priv1lege to occur, some elements must be present. To start with, there must have been communicati0n, and it should have been made between persons that are priv1leged and conveyed in confidence. Lastly, the aim of the communication should have been finding and providing lawful aid to clientele.
When parties’ communication is deemed confidential.
Assuming that the att0rney-client relationship is established well, could every communication be protected? That will also depend. The att0rney-client priv1lege is created to protect clients’ communications with their lawyer. Additionally, it extends to any communications made as responses from the att0rney t0 the clientele. However, the communicat1on needs not to be a written or an oral action. A little inaction or an action could als0 constitute t0 a communicat1on. Knowing that a question arises. Is information gotten from an unpriv1leged source pr0tected? The fact is the Informati0n gathered from a different source in addition to priv1leged communicate0n will render any the underlying info unpriv1leged.
Waiving off the attorney-client privilege.
Since it 1s the client wh0 h0lds the priv1lege, the cl1ent will h0ld the auth0rity whether to waive the priv1lege or assert it. ln the case 0f a corp0rate cl1ent, the priv1lege wi1l be v1ewed as an issue 0f the corp0rate’s control. Here, the management 0f the corp0rate holds the decisi0n whether to waive the power or t0 assert it. Mainly, the issue of waiver arises mostly if a third party has witnessed the communicati0n. In th1s, the priv1lege wi1l be prevented by the mere presence 0f a third party. In a 1nstance where a communicati0n is made kn0wn to an extra party after an exchange wh1ch was priv1leged, e1ther intentionally or by mere carelessness, the priv1lege will have been wa1ved.
Application of the Attorney-Client privilege: Exceptions.
Some public policies excepti0ns to the priv1lege’s applicati0n are h0wever present. Below are some comm0n excepti0ns t0 the privilege. They include:
- C1ient’s death. The att0rney-client priv1lege could be broken upon the c1ient’s death. In case of litigation ensuing between the heirs and 0ther parties who claim under a client, wh0 is deceased.
- ln case of a fraud or crime. If the cliente1e seeks help fr0m a lawyer t0 aid with continuance 0f a fraud or a crime, as well as the concealment of a fraud or crime that’s been committed.
- Excepti0n of Common interests. In case one attorney represents two different clients ln the same legal 1ssue, neither party can affirm the priv1lege against the 0ther party in later litigations concerning the same issue.
FAQs:
What is the Attorney-Client privilege?
This priv1lege helps preserve the confidentiality of advocates’ and clients’ confidentiality. It ensures that attorneys don’t disclose the secrets of their cl1ents.
D0es the attorney client privilege end upon the end of the relationship?
The priv1lege will generally stay effective even after the culmination of their relationship. Even further, the information cannot be disclosed even after the death of the clientele.
Is information gotten from an unprivleged source protected?
The fact is the Informati0n gathered from a different source in addition to priv1leged communicate0n will render any the underlying info unprivileged.
Who can waiver the attorney-client privilege?
Since it 1s the client wh0 h0lds the att0yney-Cl1ent priv1lege, the cl1ent will h0ld the auth0rity whether to waive the priv1lege or assert it.
Does the Attorney-Clennt privlege always stand?
Although the privilege 1s highly 0bserved by law practiti0ners, there are s0me circumstances when the privi1ege d0es n0t stand.
Can the presence of a third party affect the Attorney-client privilege?
The mere presence 0f a third party during communicati0ns between the att0rney and cl1ent can prevent the privilege from taking effect.