Attorney-client Privilege Questions

What does attorney-client privilege mean?

The unwritten agreement between an attorney and his/her client that states that the lawyer may not reveal any information that the client has given him/her unless permitted to do so by the client is called attorney-client privilege or confidentiality. This privilege is important because the client will have the confidence to share all the facts that may be relevant to the case with the lawyer. In some of the situations, the prosecution also may not know of the details that the client gives the lawyer. The lawyer may be disbarred if he/she breaches this trust. The only time when the attorney may break this privilege is when he/she finds out that the client may commit a crime.

Who has the privilege in an attorney-client privilege? Will the presence of a third party affect this privilege? Is it possible to remove the privilege from the contract?

The privilege in an attorney-client privilege is with the client. He/she may also waive the privilege if he/she wants to. If there is a third party present, then any statement that is made in his/her presence may not be taken under the attorney-client privilege.

Can an attorney talk to anyone other than his/her client? Will the attorney-client privilege be applicable to minors?

The attorney may only be able to speak to his/her client and any other people that he/she is permitted to speak to by the client. However, if there is no permission to speak to a third party, the lawyer may be able to discuss the details of the case with his/her team of lawyers and assistants. He/she may also discuss the case with other colleagues from different law firms provided he/she does not give out the clients name. The attorney-client privilege may be applicable to minors as well. It may come into picture any time when a person is being represented by a lawyer irrespective of the age of the client.

Can the attorney-client privilege be waived in the state of Maryland if the person sues his/her ex-attorney for legal malpractice? Is it possible to get information from the attorney regarding the same case?

When a client sues a former attorney for legal malpractice, the attorney-client privilege may be automatically waived. However, this waiver may not apply to other matters. Also, since the purpose of the privilege is to protect the client, he/she can waive it whenever he/she wants to. According to Rule 1.5 of the Maryland Rules of Professional Conduct, a attorney may be allowed to waive an attorney-client privilege only if he/she has to respond to a civil claim. The previous court records may become public and may be used for further investigation once the client waives the attorney-client privilege and sues the lawyer.

What is the reason to protect the attorney-client privilege?

The reason for protecting the attorney-client privilege is to enable the client to completely trust the lawyer. The client may not give all the details of the case if he/she thinks that the attorney will not protect the information given to him/her. This can have an adverse affect on the case. It is the attorneys duty to represent his/her client fairly and hence, he/she needs to know as much information as possible regarding the case.

Many of us may find it difficult to deal with legal matters. It is never easy to share all information about your person and other life to someone. The attorney-client privilege is meant to protect your personal interest. It also helps your lawyer to represent you properly in the case. You may ask a lawyer if you have any further questions about the attorney-client privilege.

by: MeghanJones

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