When does attorney client privilege apply?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When does attorney client privilege apply?
If someone interviews a lawyer but does not hire that lawyer, can the disclosures to that lawyer be used to build a case against that person? Does it matter if the issue is a misdemeanor?
Asked on October 25, 2011 under Criminal Law, Arkansas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If a person consults with an attorney about a legal matter and the expectation by the person consulting with the attorney is that the communications are to be confidential, then the communications are in fact confidential and privileged under the attorney client privilege.
Even if the person consulting with that particular attorney does not retain him or her, the communications are still confidential and cannot be disclosed by the attorney to any third person absent written consent by the client after the client is advised of the express waiver of such a privilege.
If the attorney breaches this confidentiality of the client, he or she can be subject to state bar disciplinary proceedings for the unauthorized disclosure of privileged communications.
Good question.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.