Evidence

Attorney-Client Privilege

Definition

The attorney-client privilege protects confidential communications between a client and their attorney made for the purpose of obtaining legal advice. It is the oldest privilege recognized at common law. The privilege belongs to the client, who can waive it. For the privilege to apply, the communication must be made in confidence, between a client and a licensed attorney (or their agent), for the purpose of seeking or providing legal advice. The crime-fraud exception overrides the privilege when the client seeks legal advice to further a crime or fraud.

Example

A client emails their lawyer: 'I need advice on how to structure this transaction to minimize tax liability.' This communication is privileged and cannot be compelled in court.

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