Most people think attorney-client privilege is an unbreakable seal that protects all conversations with an attorney. But attorney-client privilege is not as broad or bulletproof as many think. This legal protection is bound by strict rules, well-defined limits, and exceptions. This could leave your private conversations unexpectedly exposed.
It is important to understand where attorney-client privilege begins and ends. Misunderstanding this privilege can lead to waived rights, exposed information, or legal consequences. You might want to know how this privilege works and when it can disappear without warning. The following are common misconceptions about attorney-client privilege:
Everything You Say to a Lawyer Is Automatically Privileged
Talking to a lawyer does not automatically protect the conversation. Attorney-client privilege only kicks in when you seek legal advice, the communication is intended as confidential, and there are no third parties present.
It Covers Everything You Tell Your Lawyer Forever
Attorney-client privilege is strong but it is not eternal or all-encompassing. The crime-fraud rule is an exception. Telling your lawyer about plans to commit a crime or fraud in the future is not covered by attorney-client privilege. Your lawyer cannot help you break the law. They might be required to report it or withdraw from your case if they find out you are trying to use their advice to do something illegal. Also, you may accidentally waive the privilege once you involve others in the conversation. It is gone once it is waived.
Talking to a Lawyer in Public Is Still Protected
Attorney-client privilege depends on privacy. You could be giving up this protection if you are speaking to your lawyer in a coffee shop, a courthouse hallway, or on speakerphone in front of others. Courts usually will not recognize privilege when there is no reasonable expectation of privacy.
The same applies to written communications. Your employer might have access to messages if you are using your work email to talk to your lawyer. This could destroy the privilege. Use your personal devices and secure communication channels when discussing legal matters.
The Privilege Belongs to the Lawyer
Many people think the lawyer controls whether or not information can be shared. But the privilege belongs to the client. Thus, you are the one who can waive it intentionally or accidentally. Your lawyer cannot disclose your information unless you give them permission. But they also cannot stop you from waiving it.
It Applies Even Before You Hire the Lawyer
What you say during a consultation can still be protected as long as you were genuinely seeking legal advice and expected the conversation to remain private. But the situation might fall into a gray area if the lawyer does not make it clear that they are treating the conversation as privileged or if you are vague about your intentions. Confirm that your discussion is confidential from the start.
All Communications with Legal Professionals Are Privileged
Attorney-client privilege is limited to communications between you and your lawyer. It does not automatically extend to other legal professionals. For example, talking to a legal consultant, accountant, or business advisor does not guarantee any protection unless they are part of your legal team and necessary for the case.
