What is Attorney-Client Privilege?

Litigants and laypersons alike in Indiana have heard of the attorney-client privilege, but what is it?

The attorney-client privilege is the legal privilege that exists between attorneys and clients to protect certain information. Specifically, the attorney-client privilege protects confidential communications made between attorney and client, during the course of the attorney’s representation of client.

Attorney-client privilege exists to protect communications between attorney and client for various policy reasons, including encouraging frank and honest communication from client to attorney. Additionally, the attorney-client privilege allows attorneys to provide legal advice and discuss litigation strategy with their client without fear of disclosure to an opposing party.

Note, however, that the attorney-client privilege can be waived if one is not careful. For example, the physical or digital presence of a third party, besides the client, waives the attorney-client privilege. Additionally, the disclosure of the contents of the confidential communication between attorney and client to a third party waives the attorney-client privilege.

Litigants should thus be careful to protect and preserve the privilege that exists with their attorney.

Indiana has adopted the common-interest privilege, which acts as an exception to the waiver of the attorney-client privilege when disclosed to a third party. Specifically, the common-interest privilege allows parties whose legal interests align to share privileged documents with one another without waiving the attorney-client privilege.

The attorney-client privilege in Indiana is meant to encourage full disclosure and open and honest communication between attorney and client. This allows the attorney to represent the client to the best of their ability. Without the attorney-client privilege, clients would be hesitant to share their stories and attorneys would be shy to give strategic legal advice. The attorney-client privilege exists to protect our legal system in Indiana as we know it.

The attorneys at May Oberfell Lorber, LLP are well-versed in protecting the attorney-client privilege throughout litigation.

This article is for information purposes only and is not intended to constitute legal advice.