Whether you are seeking legal advice or preparing to file a lawsuit, the attorney-client privilege is a powerful tool. There are more than 1.3 million lawyers in the United States alone. This means you have no shortage of options when deciding who to hire to represent your interests.
What you tell your attorney during representation can be privileged from discovery. Read on to learn the ins and outs of the attorney-client privilege!
The Origin of The Privilege
Trust and confidentiality are at the heart of the attorney-client relationship. The attorney client privilege is a common law legal doctrine. This means the privilege has arisen from the courts and is not codified in a statute as law.
There is an important rationale behind the privilege. Clients should be honest and open when they are speaking to their counsel. Without an open line of communication, the relationship will be a challenge.
You may not be as honest with your attorney about the facts of your case.
The Importance of The Privilege
You may be asking, ‘What is attorney client privilege and why is it important?’ The privilege prevents your attorney from revealing the substance of information. This is information that you provide to them.
An important caveat is that what you say must be without any non-client present during the talk. The privilege belongs to you as the client. This means that you (and only you) can choose to waive the privilege.
When you waive the attorney-client privilege, you are agreeing to reveal the substance of what you say. This is a voluntary waiver of an important privilege in the legal process. Subject to certain limited exceptions, you would not have to reveal what you told your lawyer about your dealings with a business like solisbetter.com.
How The Privilege Works
The attorney client privilege is a very useful tool during discovery and at a potential trial. As the client, you or your attorney will assert the privilege on your behalf as needed.
For example, during a deposition, an attorney will ask you questions about the facts of the case. Sometimes, part of the answer will seek discover of privilege information. If your response would do this, your lawyer will make a legal objection on your behalf.
In this instance, you or your attorney would say, ‘Objection, attorney-client privilege.’ This will prevent the other side from receiving this confidential information.
Understanding the Attorney-Client Privilege
The attorney-client privilege protects the substance of conversations with your attorney. These are both oral and written correspondence between you and them. Understanding this privilege will help you make the most of your legal representation.
It will also allow you to speak openly with your counsel. Without fear of them sharing what you tell them with someone else. When you are speaking with a prospective attorney, discuss the attorney-client relationship.
By having an open conversation with your counsel, you will have confidence you are making the right choice when you hire them!
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