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The Lawyer Client Privilege

By David Day

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One of the most cherished possessions a client holds is the privilege on information he gives to his attorney. Even if the information is embarrassing, clients should know that they are protected by the attorney-client privilege to keep anything they say to their lawyers in the strictest confidence. This confidential relationship serves as an encouragement for clients to tell their lawyers all they know so their attorneys will have all the information they need to best serve the clients' interests. This privilege extends to the entire law office, which takes every precaution to protect whether confidential information it receives

In my experience, one of the most difficult problems is having the client keep quiet about what they have discussed with their lawyer. Often times, clients are so excited (either for good or for bad) about what they have just discussed with their attorney, that they rush out and tell their spouse, their girl/boyfriend or golf partner. When this happens, the information given to another may loses its "privileged" character, and the listener, as well as the client, have no privilege as to what was disclosed to this third party. That third party may then be used as a witness against the client based on what was said.

Consequently, the best advise for someone who talks to a lawyer is to keep it all between the attorney and the client.

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