The attorney client privilege protects individuals who consult with legal counsel concerning a legal matter with the intent to keep the subject matter of the communication confidential. The privilege can attach to both written and verbal communications. Not everything you may tell to an attorney is protected by the attorney client privilege, however. The attorney-client privilege is not a blanket claim which will protect all communications with an attorney. In order to know whether the attorney-client privilege applies, one must decide on a question-by-question or document-by-document basis. For example, the presence of a third party can waive the attorney-client privilege. Likewise, a client could provide permission to disclose certain information to the opposition or to a third party.
To determine whether the attorney-client privilege attaches, the communication must:
(1) concern the seeking of legal advice;
(2) was between a client and an attorney acting in his professional capacity;
(3) was related to legal matters; and
(4) is at the client’s instance permanently protected.
Remember, the attorney-client privilege belongs to the client! An attorney cannot disclose information you provide without your permission.
