What's Attorney-Client Privilege?

When you speak to your lawyer, you expect that those conversations will remain confidential. The attorney-client privilege is one of the oldest privileges recognized in American law. This privilege is in place for several reasons. The main one is to allow open communication between a lawyer and their client.

However, this privilege does not apply to every client’s conversation with their lawyer. Certain criteria must be met before the privilege applies. Plus, some exceptions to this rule are worth noting. Keep reading below to learn everything you need to know about this privilege and how it might affect your family law case in Austin.

When Does the Attorney-Client Privilege Apply?

The attorney-client privilege is in place to allow a client to speak freely to their lawyer. Without this open and honest communication, a lawyer might not be able to represent a client to the best of their ability. This privilege allows a client to be fully transparent with their lawyer. 

According to the Texas Bar, the attorney-client privilege covers communications “made for the purpose of helping a lawyer provide legal services to the client.” The privilege might not cover communications to the lawyer that are for other purposes.

Additionally, an attorney-client relationship must exist for the privilege to take effect. The precise moment this relationship begins is often a topic of much debate. Sometimes, the attorney-client relationship is obvious. An example of this is when the two have signed a representation agreement.

However, things can get a little trickier before an agreement is signed. Suppose that someone calls a lawyer for a consultation. During this call, they share confidential information with the lawyer. Does the privilege cover that communication?

The answer likely depends on the parties’ intent. If there was a reasonable assumption that such a relationship existed, then the information shared is likely privileged.

Communications Covered by the Attorney-Client Privilege

Once the attorney-client relationship has been established or is reasonably assumed, any confidential communications between the lawyer and client made for the purposes of legal representation are protected. These types of communications could include:

  • Sharing confidential facts about the case
  • Sharing confidential financial information or other data
  • Asking the lawyer for legal advice in a certain situation
  • Your lawyer advising you on how to handle a certain matter

The attorney-client privilege may also extend to any staff in the lawyer’s office. For example, communications with the lawyer’s assistant may be covered.

Imagine that you are in the middle of a child support dispute. You call the lawyer’s office and share information with the lawyer’s assistant about a potential job change. The privilege likely covers the confidential information you shared.

Exceptions to the Attorney-Client Privilege

Remember that not every conversation with your lawyer is protected. There are some instances when the lawyer might be allowed to share that information. In fact, some situations require that the lawyer share the information you provided.

One of the most common exceptions to the attorney-client privilege is waiver. If the client gives permission to share the information, then the attorney may share it. In some cases, the client might unknowingly provide a waiver.

If you communicate confidential information to your lawyer while a third party is present, you may have just waived your privilege. Never share confidential information with your lawyer while others are in the room. 

Some other exceptions to the privilege include:

  • Death of a client: If a client dies, the privilege may be waived. This can happen when the deceased’s heirs are in a dispute concerning estate matters.
  • Fiduciary duty: Corporate clients do not have an absolute right to the privilege. Shareholders may decide to break this protection.
  • Crime or fraud: Any communication from a client seeking assistance to further a crime is not protected. However, communication seeking legal advice after the commission of a crime, such as domestic violence, is protected unless the client is seeking help to cover up the crime.

Remember that the attorney-client privilege is not absolute. The specific facts of your situation will determine whether it applies. If you have questions, you should always ask your lawyer before sharing confidential information.

To learn more and get the help you deserve, contact our legal team at the Kazen Family Law & Divorce Lawyers and schedule your consultation today if you need help with a divorce, child custody case, property division, or any other family law matter.

We serve all through Travis County and its surrounding areas in Texas. Or visit our family law firm in Austin, TX today at:

Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315