Attorney-client communications: Are you being open with your attorney?

Clients: your communications about your legal matter with your attorney are privileged.

This post is a PSA of sorts to ensure that you as a current or prospective client (and consumer legal services) understand your communications with your attorney are protected. With few exceptions, threat of imminent death or bodily harm, your attorney cannot disclose or share the information you provide to her. To receive the advice and counsel that is most-tailored to your legal matter, your attorney must have available to her all of the factual details of the matter to help you make the most informed decision(s). This exchange of information between you and your attorney is subject to the attorney-client privilege.

In an article written by Raymond Sweigart and published by the American Bar Association, “the classic definition of the attorney-client privilege was articulated by John Henry Wigmore as applying ‘[w]here legal advice of any kind is sought from a professional legal adviser in his capacity as such, the communications relating to that purpose, made in confidence by the client, are at his instance permanently protected from disclosure by himself or by the legal adviser, except the protection may be waived.’" What does that definition mean? In practical terms, the communications regarding your legal matter are protected by the attorney-client privilege.

Pointers and Comments:

• Don’t hold back - your attorney needs a full information download from you.
• Are you sharing all the facts and background on your matter with your attorney?
• A full and unfiltered disclosure by you - the client - is essential to helping your attorney provide you with you sound and effective legal advice.

Privileged communications between the client and their attorney are the bedrock of the attorney’s representation of the client. Without a full and honest disclosure of all the facts relating to the client’s matter, the attorney may be unable to provide effective (or as effective) counsel and guidance.

Simply put: as the client, you must make your attorney aware of all of the facts (good, bad, otherwise) relating to the matter that caused you to hire your attorney.