attorney client privilege case law

Introduction

Hey readers! Welcome to our in-depth guide on attorney-client privilege case law. In this article, we’ll delve into the ins and outs of this important legal concept, which protects the confidential communications between attorneys and their clients. Let’s dive right in!

What is Attorney-Client Privilege?

Attorney-client privilege is a legal principle that protects confidential communications between an attorney and their client from being disclosed to third parties without the client’s consent. This privilege is based on the fundamental need for clients to be able to freely and confidentially communicate with their attorneys to receive effective legal advice and representation.

Exceptions to Attorney-Client Privilege

While attorney-client privilege is generally broad, there are certain exceptions to this principle. These exceptions include:

Crime-Fraud Exception

The crime-fraud exception allows courts to set aside the attorney-client privilege if the communication between the attorney and client is found to have been made in furtherance of a crime or fraud.

Imminent Harm Exception

The imminent harm exception allows courts to waive the attorney-client privilege if the communication between the attorney and client poses an imminent threat of bodily harm to an individual.

Waiver

The attorney-client privilege can be waived by the client, either intentionally or unintentionally. For example, if the client testifies about the privileged communication in court, the privilege is automatically waived.

Elements of Attorney-Client Privilege

To establish attorney-client privilege, the following elements must be met:

Confidential Communication

The communication must have been made for the purpose of obtaining or providing legal advice or services.

Legal Relationship

The communication must have been made between an attorney and their client.

Purpose of Communication

The communication must have been made for the purpose of seeking or providing legal advice or services.

Types of Attorney-Client Communications

Attorney-client communications that are protected by privilege include:

Verbal Communications

Conversations between an attorney and client that are not made in public.

Written Communications

Letters, emails, and other forms of written correspondence between an attorney and client.

Electronically Stored Communications

Text messages, instant messages, and other forms of electronic communication between an attorney and client.

Case Law Examples

Upjohn Co. v. United States (1981)

This case established that attorney-client communications regarding legal advice related to audits and compliance are protected by privilege.

Fisher v. United States (1976)

This case held that the privilege extends to communications between a client and an accountant who is acting under the direction of an attorney.

Swidler & Berlin v. United States (1998)

This case held that the privilege applies to communications between an attorney and a government employee who is acting as the attorney’s client.

Table of Case Law Examples

Conclusion

Attorney-client privilege is a vital legal principle that protects the confidentiality of communications between attorneys and their clients. Understanding the various aspects of this privilege, including its exceptions and limitations, is essential for both attorneys and clients.

As always, remember that this article is for informational purposes only and does not constitute legal advice. If you have any specific legal questions or concerns, it’s always best to consult with an experienced attorney. Check out our other articles for more insightful legal topics!

FAQ about Attorney Client Privilege Case Law

1. What is attorney-client privilege?

Attorney-client privilege is a legal doctrine that protects confidential communications between an attorney and their client. This privilege applies to both oral and written communications.

2. What are the elements of attorney-client privilege?

To establish attorney-client privilege, the following elements must be met:

• The communication must be between an attorney and their client.
• The communication must be made in confidence.
• The communication must be related to legal advice.

3. What types of communications are protected by attorney-client privilege?

Attorney-client privilege protects a wide range of communications, including conversations, emails, letters, and text messages. It also protects communications between the attorney and the client’s agents or employees.

4. What are the exceptions to attorney-client privilege?

There are a few exceptions to attorney-client privilege, including:

• Communications made in furtherance of a crime or fraud.
• Communications that are relevant to a pending lawsuit.
• Communications that are necessary to prevent serious bodily harm.

5. How can attorney-client privilege be waived?

Attorney-client privilege can be waived by the client. This can be done either expressly or impliedly. An express waiver occurs when the client makes a clear statement that they waive the privilege. An implied waiver occurs when the client’s conduct is inconsistent with the maintenance of the privilege.

6. What are the consequences of violating attorney-client privilege?

Violating attorney-client privilege can have serious consequences. The attorney may be subject to sanctions, and the client may lose the protection of the privilege.

7. How can I protect my attorney-client communications?

There are several steps you can take to protect your attorney-client communications, including:

• Only communicate with your attorney in confidence.
• Do not discuss your legal matters with anyone other than your attorney.
• Keep all communications with your attorney confidential.

8. What should I do if I believe my attorney-client privilege has been violated?

If you believe your attorney-client privilege has been violated, you should contact an attorney immediately. The attorney can advise you of your rights and help you take steps to protect your confidential communications.

9. How can I find an attorney who is experienced in attorney-client privilege?

There are several ways to find an attorney who is experienced in attorney-client privilege, including:

• Asking for referrals from other attorneys.
• Searching online for attorneys who specialize in attorney-client privilege.
• Contacting your local bar association.

10. What are some recent case law developments in attorney-client privilege?

There have been several recent case law developments in attorney-client privilege. Some of the most notable developments include:

• The Supreme Court’s decision in In re Grand Jury (2018), which held that the attorney-client privilege applies to communications between an attorney and their client’s accountant.
• The Ninth Circuit’s decision in United States v. Myers (2019), which held that the attorney-client privilege does not apply to communications between an attorney and their client’s therapist.