What is Attorney-Client Privilege?

Attorney-client privilege protects communications between a lawyer and his or her client. The theory is if communications between an attorney and client are confidential, it will foster open and frank disclosures by a client to his attorney.
The privilege is owned by the client and not the lawyer. This is important to note because it is only the client who can waive this privilege thus allowing the attorney to share disclosures made to him by the client.

For a communication between two people to be bound by attorney-client privilege, the communication must be made by a person to a member of the bar or someone who works for that member of the bar, and that member of the bar is acting in the capacity of an attorney. Lastly, the communication must be made for the purpose of obtaining legal advice.

This attorney-client privilege is created as early as the initial consultation before you hire an attorney. That privilege remains in effect even if you choose not to hire that lawyer. Remember, privilege is owned by the client and not the attorney; therefore unless you waive it, everything shared in an initial consultation remains confidential.

There are some exceptions to the privilege clients should be aware of:

1. If the communication to the attorney was made in the presence of a third party who is not an attorney nor works for the attorney, or if that communication was later shared with a third party, the privilege is waived - that communication is NOT bound by the privilege.
2. If the communication is publicly disclosed, the privilege is waived.
3. In Texas, if the client communicates in a way such that the attorney reasonably believes the client is going to commit a criminal act likely to result in imminent death or substantial bodily harm of another, the lawyer is required to disclose information to prevent the harm.

Remember, it is always important to be honest and forthcoming with your lawyer. Attorney-client privilege protects your disclosures and provides your lawyer with the ability represent you in the most effective manner.

Ami J. Decker
www.famlawtex.com