What is the attorney-client privilege?

What is the attorney-client privilege?

• A. All communications between any individuals.
• B. Confidential communications between attorney and client for the purpose of seeking or receiving legal advice.
• C. Only communications in writing.
• D. Work product regardless of confidentiality.

Answer: (B)

Attorney-client privilege protects confidential communications between a client and an attorney that are made for the purpose of seeking or receiving legal advice. The key idea is confidentiality and the reason for the advice: the client must be able to share all relevant information with the attorney so the lawyer can provide effective legal guidance. This protection covers both spoken and written communications and applies to communications between the client and the attorney (including in-house counsel) made in the context of seeking or receiving legal services. It does not blanket all communications between any individuals, nor does it require the communication to be in writing. It also isn’t the same as the work product doctrine, which protects materials prepared in anticipation of litigation and involves different rules about discovery.

Attorney-client privilege protects confidential communications between a client and an attorney that are made for the purpose of seeking or receiving legal advice. The key idea is confidentiality and the reason for the advice: the client must be able to share all relevant information with the attorney so the lawyer can provide effective legal guidance. This protection covers both spoken and written communications and applies to communications between the client and the attorney (including in-house counsel) made in the context of seeking or receiving legal services. It does not blanket all communications between any individuals, nor does it require the communication to be in writing. It also isn’t the same as the work product doctrine, which protects materials prepared in anticipation of litigation and involves different rules about discovery.