Understanding Attorney-Client Privilege: What You Need to Know
TLDR Attorney-client privilege is a crucial aspect of the legal system that protects confidential communications between a client and their lawyer for the purpose of seeking legal assistance. This privilege can extend beyond the grave and can even apply to employees discussing work-related matters with corporate counsel.
Timestamped Summary
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Attorney-client privilege is a nuanced aspect of the legal system that has been developed over time through court cases, rather than being explicitly outlined in the Constitution.
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The first major ruling on attorney-client privilege occurred in 1743 in the case of Anasli v. Anglesia, where the court ruled that certain communications between a client and their attorney are not protected under attorney-client privilege if they are unrelated to the matter at hand.
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Attorney-client privilege protects confidential communications made between a client and their lawyer for the purpose of seeking or obtaining legal assistance, even after death, unless the client waives that right or the communication involves planning or covering up a crime.
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Attorney-client privilege does not protect communications between a client and their lawyer if the communication involves planning or covering up a crime, or if the lawyer is providing business advice rather than legal counsel.
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Attorney-client privilege can be established through non-verbal communication, such as a wink or nod, and even silence can be considered a protected communication between a client and their lawyer.
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The communication between a client and their lawyer about a fact is protected, even if the fact itself is not, and attorney-client privilege can extend beyond the grave.
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Attorney-client privilege can extend to employees of a company as long as they are discussing something directly related to their job and the case at hand with corporate counsel.
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The attorney who defended a woman convicted of murder is being sued by his former client for revealing confidential information in a tell-all book, leading to his disbarment and a civil case.
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Attorney-client privilege is important to understand, especially when misinformation is spread about it, such as through tweets from the president.
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