In the United States law, the lawyer-client privileges or attorney-client privileges are "client privileges to refuse to disclose and prevent others from disclosing confidential communications between clients and lawyer. "
The attorney-client privilege is one of the oldest recognized privileges for confidential communications. The Supreme Court of the United States has stated that by ensuring confidentiality, privileges encourage clients to make "full and honest" disclosures to their lawyers, who are then better able to provide honest advice and effective representation.
Video Attorney-client privilege
General terms under United States law
Although there are minor variations, the elements necessary to assign a lawyer's privilege are generally:
- The privileged holder is (or attempts to) be the client; and
- The person receiving the communication:
- is a member of the court bar, or a subordinate of that member, and
- in connection with this communication, acting as a lawyer; and
- Communications are for the purpose of obtaining legal advice.
There are a number of exceptions to privileges in most jurisdictions, the main ones include:
- the communication is made in the presence of people who are not lawyers or clients, or disclosed to such people,
- the communication was made for the purpose of committing a crime or lawsuit,
- The client has exempted privileges (eg by publicly communicating).
A reasonable cause of client-client privilege is the common defense privilege, also called the common interest rules. The public interest rules "serve to protect the confidentiality of past communications from one party to another where the defense or the combined strategy has been decided upon and taken by their respective parties and advisers."
A lawyer who speaks openly about the client's personal affairs and personal affairs may be reprimanded by the bar and/or dismissed, despite the fact that he may no longer represent the client. Discussing the criminal history of a client or previous client, or otherwise, is seen as a violation of fiduciary responsibility.
The attorney-client privilege is separate from and should not be confused with the labor-product doctrine.
Maps Attorney-client privilege
When privileges may not apply
When a lawyer does not act primarily as a lawyer, but, for example, as a business advisor, a member of the Board of Directors, or in other non-legal roles, privileges generally do not apply.
Privileges protect secret communications, and not the underlying information. For example, if a client has previously disclosed confidential information to a third party who is not a lawyer, and then provides the same information to a lawyer, the attorney-client privilege will still protect communications to lawyers, but will not protect communications with third parties.
Privileges may be revoked if secret communications are disclosed to third parties.
Other limits for privileges may apply depending on the situation being decided.
Disclosure in case of crime, error or fraud
Crime-fraud exceptions can make privileges debatable when communication between lawyers and clients themselves is used for further crime, error, or fraud. In Clark v. The US Supreme Court declared that "A client who consulted a lawyer for advice that will serve him in a fraud commission will not receive legal assistance." He must let the truth be told. "The crime-fraud exemption is also commit requires crime or fraud discussed between client and lawyer to be triggered. The US court has not yet decided exactly how little knowledge lawyers can have about the underlying crime or cheating before the privilege is released and the lawyer's communication or necessary testimony becomes accepted. Disclosure seems to support lawyers' own interests
Lawyers may disclose confidential information relating to a courtier in which they attempt to collect payments for the services provided. This is justified on the basis of policy. If the lawyer can not disclose the information, many will do legal work only when payment is made in advance. This can negatively affect public access to justice.
Lawyers may also violate the duties in which they defend themselves against disciplinary or legal proceedings. A client who initiates trial proceedings against a lawyer effectively waives the right to confidentiality. This is justified on the basis of procedural justice - lawyers who can not disclose information related to a retainer will not be able to defend themselves against such action.
Disclosure for the purpose of testament
Another case is the will of the will and last will. The previously secret communications between lawyer and heir can be expressed to prove that will represent the intent of the deceased person. In many instances, the will, codicil, or other part of the housing plan requires explanation or interpretation through other evidence (extrinsic evidence), such as a file of attorney's files or correspondence from the client.
In certain cases, the client may wish or approve the disclosure of personal or family secrets only after his death; for example, the will leaves an inheritance for a small child or natural child.
The court sometimes withdraws the privilege after the death of the client if it is deemed to do so to serve the client's wishes, as in the case of resolving the probate disputes among the heirs.
Practice tax
In the United States, communication between accountants and their clients is usually not privileged. A person who is concerned about questionable accounting allegations, such as tax evasion, may decide to work only with an attorney or only with an accountant who is also a lawyer; some or all of the communications produced may be privileged provided that all the requirements for attorney-client privilege are met. The fact that a practitioner is an attorney will not create a valid lawyer-client privilege in connection with communication, for example, involving business or accounting advice rather than legal advice.
Under the Federal tax law in the United States, for communications on or after July 22, 1998, there are limited federal account-client privileges that may apply to certain communications with non-lawyers.
In federal court
If a case arises in a federal court system, the federal court will apply Rule 501 of the Federal Rule of Evidence to determine whether to apply the privileges laws of the relevant state or federal general law. If the case is brought to federal court under the jurisdiction of diversity, the relevant state law will be used to exercise the privilege. If the case involves a federal question, the federal court will apply the common law of the federal attorney-client privilege; However, Rule 501 provides flexibility to federal courts, allowing them to interpret privileges "in light of experience and reason".
See also
Note
External links
- Federal Regulations on Evidence 502 Source Pages Provide background and key links to amendments 2008 "to address neglect of client-law attorney and product work doctrine."
- Office of the General Counsel: Privileges of Attorney-Client from Stanford University
Source of the article : Wikipedia
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