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Q
What kinds of communication are covered under attorney-client privilege?

A

When you need to hire an attorney, it’s often because you are accused of something. In order for your attorney to prepare the best defense against you, you’ll have to reveal some pretty personal and private information. Oftentimes, this information is incriminating and could be quite damaging to you if it falls into the wrong hands. Fortunately, what you say may be protected by attorney-client privilege, which prevents your attorney from telling others what is talked about between the two of you.

What Is Covered Under Attorney-Client Privilege?

Before you call an attorney, you should know what is protected under the rules of attorney-client privilege, because not all communication is private. The following are examples of communication that is covered by privilege:

  • Information that is divulged in a private setting. If you talk to your lawyer in her office or another setting where the two of you are the only people present, what you share should fall under privilege. However, conversations held in a public setting may not be privileged. The court would believe that you couldn’t reasonably expect to keep this information private, as other people around may have been able to hear what was said.
  • Written communication. If you communicate with your hired lawyer via email or another form of written communication, that information should also be kept private.
  • Death does not break the privilege. Even after you pass away, your attorney cannot divulge the confidential information you shared, unless an agreement was made beforehand. 

Were You the Victim of Legal Malpractice?

If you believe your attorney violated your attorney-client privilege, an attorney from Morton Law Offices may be able to help. Contact us today by calling 888.716.8021 or by filling out our online form