Attorney-Client Privilege
A legal protection that keeps communications between a client and their attorney confidential — preventing disclosure in court proceedings without the client's consent.
Attorney-client privilege is one of the oldest and most protected privileges in the law. It protects confidential communications between a client and their attorney made for the purpose of seeking or providing legal advice. The privilege belongs to the client — only the client can waive it. Courts have consistently held that robust legal advice requires clients to speak candidly, which requires assurance that those communications are protected.
The privilege applies to: emails, letters, and conversations between client and attorney; notes attorneys take during client meetings; and, in many jurisdictions, communications with paralegals and other firm staff acting under attorney supervision. It does not apply to: communications made in the presence of third parties (who destroy the confidentiality), communications made to facilitate a crime or fraud (the crime-fraud exception), the underlying facts themselves (privilege protects the communication, not the facts discussed), or fee information (how much you're paying an attorney is generally not privileged).
The related duty of confidentiality is broader than privilege — attorneys are ethically prohibited from revealing any information relating to the representation of a client, even information not technically covered by privilege, without the client's consent.
Real-World Example
The executive told her attorney about a compliance violation before deciding whether to self-report; the attorney's notes and their entire discussion were protected by attorney-client privilege and could not be compelled by the regulator.