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Why is the attorney-client privilege protected

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Why is the attorney-client privilege protected ?
Submitted: 8 years ago.Category: Legal
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Answered in 23 minutes by:
6/13/2010
Lawyer: Lucy, Esq., Attorney replied 8 years ago
Lucy, Esq.
Lucy, Esq., Attorney
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Satisfied Customers: 32,264
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The attorney-client privilege is protected because it is imperative that clients be able to trust their attorneys 100%. A lawyer has a duty to represent his client competently, and it can be difficult to competently represent someone without knowing the facts. It is also important to have all the facts before giving a client legal advice, or a lawyer might inadvertently advise someone to break the law.

In addition, a servant can only serve one master. Before the privilege arose, there were concerns that lawyers would run into conflict of interest problems between the client and the court. The privilege makes it clear that the attorney serves the client.
Lucy, Esq.
Lucy, Esq., Attorney
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Lawyer: HPlawyer, Attorney replied 8 years ago
HPlawyer
HPlawyer, Attorney
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Hello again Babeecakes,


To answer your question, the attorney-client privilege is protected in large part due to public policy reasons as well as a long-standing tradition.
Originally, the privilege came to exist to prevent an attorney from testifying against his or her client. Needless to say, if a client believes that the information the client provides to the attorney will be used against him or her, then the client won't tell the attorney the truth about what is taking place. This hurts everyone-- it hurts the judicial system because it promotes dishonesty, and it hurts the client because the attorney would not be able to lodge a successful defense since the attorney would be unaware of all the relevant facts.


Today, the privilege is still recognized, largely due to promoting the public policy interest of ensuring a client is able to communicate openly and honestly with his or her attorney, without the fear of such statements being used against him/her.


Indeed, consistent with the public policy rational, there are some exceptions to the attorney-client privilege, such as when communication is discussed within the presence of other individuals or the privilege is subsequently waived by disclosure of confidential information to third parties (e.g., if a client wants to keep matters confidential, then the communication should only be between the client and the attorney), as well as exceptions for when the client may be committing a crime (e.g., it is not in the public's best interest for such communication to remain privileged since disclosure could actually prevent wrongdoing from taking place).



I hope this helps! Also, I'm not sure if you saw my other response, but if you start your question with "To HPlaywer", this will ensure that I can respond to your questions.

Have a great weekend!





DISCLAIMER: Although I am an attorney, I am not your attorney under any circumstances, period. I require a written engagement letter to serve as someone's attorney. Please keep in mind that everything you say in this exchange is readily accessible to the public (whether it is law enforcement, your nosy next door neighbor, or your mother-in-law, they can read what you write). Do not say anything that you do not want publicly known. If you want legal advice or an attorney-client relationship, and all the benefits that come with the attorney-client privilege, you should seek and retain local qualified counsel. You should also keep in mind that any information I give you is based on the limited facts you provide me, and any additional facts could substantially or completely alter any information I give you. Just for the record, unless you live in Georgia, I am not licensed to practice law in your jurisdiction. In fact, my knowledge of laws is limited to Georgia. I am not an "expert"-- just a lawyer. Any information I provide you is for general information and educational purposes and shall not constitute legal advice. Consider it a good first step in your knowledge acquisition.










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