Attorney-Client Privilege
Attorney-client privilege protects confidential communications between client and attorney made for purpose of obtaining or providing legal advice, belonging to client who alone can waive it.
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Exam Tip
CALL: Confidential, Attorney involved, Legal advice, Licensed lawyer. Crime-fraud = FUTURE crimes only.
What is Attorney-Client Privilege?
Protects confidential communications between attorneys and clients to encourage full disclosure for effective representation.
Core Elements
| Element | Requirement |
|---|---|
| Attorney | Licensed attorney or agent |
| Client | Person seeking legal advice |
| Communication | Information exchanged |
| Confidential | Not disclosed to third parties |
| Legal Advice | Purpose is legal advice |
Crime-Fraud Exception
| Scenario | Privileged? |
|---|---|
| Plan future crime | No |
| Conceal ongoing crime | No |
| Past completed crimes | Yes |
Who Holds Privilege
Client exclusively. Survives death - held by estate.
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