Attorney - Client Privilege
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Attorney - Client Privilege (ACP) is a legal privilege that protects certain communications between a client and his or her attorney by keeping them confidential. The purpose is to encourage clients to disclose all relevant information to their attorney so the attorney can provide effective representation.
The elements required to establish an ACP are as follows:
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The person of claiming the privilege is a client or is seeking to become a client; |
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The person to whom the communication was made is an attorney or the attorney's assistant; |
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The attorney was acting as an attorney during the communication; and |
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The communication was for the purpose of seeking legal advice |
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The elements required to establish an ACP are as follows:
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The communication was made for the purpose of committing a crime or tort; |
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The communication was made in the presence of people who were not clients or attorneys; or |
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The client has waived the privilege by disclosing the communication to the public. |
Remember, when a person licensed as an attorney is acting in a non-legal role such as a director of a corporation or partner, the ACP will not apply.
