Attorney-client privilege is a strict legal protection that exists between an attorney and client. This privilege extends to attorney-client communications and prevents these communications from being disclosed publicly or in legal settings. The privilege’s purpose is to encourage open and honest communication between an attorney and client to ensure that clients seeking legal advice can do so without fear that their communications will be used against them or will become public information. This allows for clients to be fully honest with their attorneys and ensures that attorneys are provided with all of the information necessary to best understand and aid their client. 

Attorney-client privilege covers communication between a client and his or her attorney made confidentially regardless of the method of communication. Phone calls, email, letters, face-to-face conversations are all covered so long as these communications are confidentially shared between the attorney and the client - and are not shared or discussed with a third party. There are caveats to the legal privilege that extends the privilege to conversations between a client, his or her attorney, and a third party. Such instances are rare, and one should lean on the side of caution when speaking with their attorney in the presence of a third party - as the privilege can be waived if the client discloses the privileged information to a third party or puts the privileged information at issue in a legal proceeding. Always defer to your lawyer to determine whether attorney-client privilege exists.  

No, the legal privilege does not apply to all communications between a client and lawyer. There are several instances where the privilege would not extend to a communication between a client and his or her attorney. As stated above, the communication must be confidential. This means that the communication occurs solely between a client and his or her attorney unless an exception to that rule applies. If it is not confidential, then the privilege is waived. 

Additionally, there are attorney-client privilege exceptions under the Model Rules of Professional Conduct. An attorney is obligated to follow these ethical rules. One exception provides that communications from clients seeking legal advice to further or plan a crime or fraud are not privileged. Another exception exists when litigation arises disputing a deceased client’s estate. Under this exception, privilege may be waived permitting the attorney to testify as to the nature of the deceased client’s wishes. Other exceptions permit attorneys to disclose information to prevent reasonably certain death or substantial bodily harm as well as to prevent reasonably certain substantial financial or property injury to another. 

Interrogatories may be repetitive, but the answers that you provide to an interrogatory are important. These answers provide the parties with the first set of facts surrounding the lawsuit. I may be able to learn a lot of information from what you send me, but interrogatories are a collaborative response for a reason. You, the client, were present when the incident happened, or you have adequate first-hand information about the incident. I do not, so I will need you to verify that the information is correct. Another reason your responses are so important is that these answers can be used to rebut or discredit your deposition or trial testimony. Once you are discredited, a jury has to decide whether or not to believe you. While the interrogatories and requests for production may seem redundant, these requests are important and should be answered promptly and in full.

Generally, the answer is NO. Attorneys and clients have a privilege afforded by law that allows our conversations to be confidential. This privilege allows clients to speak freely to their attorneys, so we know all of the facts to help our client with their legal issue. The attorney-client privilege and work product privilege that are provided in our conversations and letters disappear once a third party, including a family member, hears our discussion at the meeting or reads the letter that was sent to you. However, there are certain instances where this may be acceptable. If you have physical or mental needs that require an additional person to be present at our meetings to advocate for you, then the privilege may not be removed.