Attorney-client privilege is one of the most important legal protections available, offering individuals a safe space to speak openly with their lawyer. Many people worry about whether their personal information or sensitive details might be shared without their consent. Understanding how this privilege works can help you feel more confident and informed when seeking legal guidance.

This essential protection allows you to share the full story with your attorney without fear that your words will be used against you. Below, we break down what the privilege covers, how it works, and when it may not apply.

What This Protection Means for Clients

Attorney-client privilege gives clients the freedom to communicate honestly with their lawyer. These communications cannot be disclosed in court, used against you, or forced into evidence. In fact, lawyers cannot be compelled to testify against their own clients regarding privileged information. This protection also applies during litigation and shields certain communications from disclosure, even under the Public Records Act.

For example, if you tell your attorney details about a car accident to help them assess your injury claim, those details stay confidential and protected.

Conditions for Privilege to Apply

For attorney-client privilege to take effect, the communication must meet specific conditions. It must be between an attorney and their client, intended to be confidential, and made for the purpose of seeking or receiving legal advice. Casual conversations or statements shared in public settings typically do not qualify for protection.

If you email your lawyer asking for guidance about workplace injuries or medical malpractice concerns, that communication is generally privileged as long as it is intended to remain private.

Exceptions to Attorney-Client Privilege

Not all communications remain protected. If a client shares privileged information with someone else, such as a friend or family member, the privilege may be lost. Documents forwarded to third parties often lose their protected status as well. Additionally, communications involving plans for future or ongoing crimes, or discussions connected to imminent harm, are not covered by privilege.

For instance, if a client copies a coworker on an email to their lawyer, that message may no longer be considered confidential.

Defining Attorney-Client Privilege

Attorney-client privilege is a legal rule that protects confidential communications between lawyers and their clients. This applies to written messages, verbal conversations, and electronic communications—essentially any meaningful exchange made in confidence while seeking legal advice. The goal is to foster honest, open communication so attorneys can provide the strongest possible representation.

Attorney-client privilege exists to protect your rights and encourage forthright discussions with your lawyer. Knowing how this privilege works—and understanding its limitations—can help prevent accidental loss of protection. If you have concerns about confidentiality or need guidance on a specific legal matter, consider speaking with a qualified legal professional who can help you navigate your situation with confidence.