Attorney-Client Privilege
A legal protection that keeps communications between a client and their attorney confidential and prevents forced disclosure in legal proceedings.
Attorney-client privilege is a fundamental legal protection that shields confidential communications between a lawyer and their client from compelled disclosure in legal proceedings. The privilege encourages candid communication by ensuring clients can speak freely with their attorneys without fear that those conversations will be used against them. It belongs to the client—only the client can waive it.
For the privilege to apply, the communication must: be between an attorney and a client, be made in the context of seeking or providing legal advice, be intended to be confidential, and not be shared with third parties (sharing with others generally waives the privilege).
Do not confuse attorney-client privilege with confidentiality (a broader ethical duty) or the work product doctrine (which protects an attorney's litigation strategy). The privilege does not protect communications made to further a crime or fraud—the crime-fraud exception.
Real-World Example
The employee told her employment attorney everything about the workplace dispute, knowing those conversations were protected by attorney-client privilege and could not be subpoenaed.