What is the difference between client confidentiality and the attorney-client privilege?
The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.
What is the attorney-client privilege and why it is important?
The attorney-client privilege is the backbone of the legal profession. It encourages the client to be open and honest with his or her attorney without fear that others will be able to pry into those conversations. Further, being fully informed by the client enables the attorney to provide the best legal advice.
How do you assert attorney-client privilege?
To fall within the attorney-client privilege, the communication must be:
- Made between a client and a lawyer,
- In confidence,
- During the course of the attorney-client relationship, and.
- The communication must be made with the attorney in his or her professional (legal) capacity.
What are the requisites for lawyer and client privilege communication?
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
Are all communications between an attorney and his her client privileged?
As a general rule, any communications between a person and their attorney are presumed to be confidential—and thus covered by the lawyer-client privilege.
How do you lose legal privilege?
When is privilege lost?
- intentional disclosure.
- unintentional disclosure, such as an accidental disclosure; or.
- implied waiver, which may involve: “disclosure waiver” – waiver over the whole advice where the substance, gist or conclusion is disclosed;
What information is not privileged?
Non-Privileged Records . Means documents and records, whether hard copy or electronic, which are not subject to any legal privilege preventing its discovery and/or disclosure in a legal proceeding.