Attorney-client privilege protects confidential communications between lawyers and clients, fostering open dialogue necessary for effective representation. Understanding its scope, limitations, and exceptions enables effective communication while safeguarding sensitive information.

Attorney-client privilege is one of the oldest and most sacrosanct protections in the legal system. The privilege applies to confidential communications made between a client and attorney for the purpose of obtaining or providing legal advice. This protection belongs to the client, not the attorney, and only the client can waive it. The privilege encourages clients to speak candidly with their lawyers without fear that their statements will later be used against them in court or other proceedings.

For privilege to apply, several elements must be present. First, there must be a communication between attorney and client made in confidence. Second, the communication must relate to legal advice or services. Third, the client must intend the communication to be confidential and take reasonable steps to maintain that confidentiality. Importantly, the privilege covers communications, not underlying facts. If a client tells their attorney about evidence, the evidence itself is not privileged, only the conversation about it.

Several exceptions can pierce attorney-client privilege. The crime-fraud exception applies when a client seeks legal assistance to commit or cover up a crime or fraud. If a client puts their attorney's advice at issue in litigation, they may waive privilege over those communications. When multiple parties share a common legal interest and communicate jointly with an attorney, privilege may extend to those joint communications but can become complicated if the parties later have conflicting interests. Additionally, inadvertent disclosure of privileged information may constitute a waiver, depending on the circumstances and jurisdiction.

Related to but distinct from attorney-client privilege is the work product doctrine, which protects materials prepared by attorneys in anticipation of litigation. This protection is broader in some ways than privilege because it covers documents and tangible things, not just communications. However, work product protection is qualified rather than absolute, and opposing parties may obtain work product upon showing substantial need and inability to obtain equivalent materials by other means. Understanding these protections helps clients and attorneys preserve confidentiality while navigating discovery and disclosure obligations.