What Attorney-Client Privilege Is and How to Protect It

Attorney-client privilege is a fundamental protection that allows you to speak to your attorney openly and prevents your conversations from being shared with others. This confidentiality ensures that you have access to legal guidance, discuss sensitive matters, and receive honest advice without concern that your words will later be used against you. However, the attorney-client privilege is not absolute. Specific actions—sometimes even unintentional—break this protection, bringing previously confidential information into your legal proceedings.

What Attorney-Client Privilege Covers and How It Can Be Broken

The attorney-client privilege applies to information passed between clients and their attorneys to obtain legal advice. To maintain this protection, the communication must remain private between the client and their lawyer. If a third party is unnecessarily involved, the privilege may be lost. 

An example of this would be when clients share legal communications with others. Forwarding an email from an attorney to a friend or discussing legal strategy with a family member can be enough to dissolve privilege. Even having a spouse or business partner present in a meeting with an attorney can strip the conversation of confidentiality unless that person is essential to the legal representation.

Public discussions can also jeopardize privilege. Even vaguely, posting details of a legal case on a social media platform opens the door for the opposing side to use that information. Similarly, speaking about legal matters in a public space where others may overhear can remove the expectation of confidentiality. 

Privilege does not extend to communications made with the intent of committing a crime or fraud. That conversation is not protected if clients seek legal advice to help them engage in illegal activity. This is known as the crime-fraud exception, and courts will not allow privilege to be used as a shield for wrongdoing.

How to Protect Attorney-Client Privilege

Clients can take proactive steps to preserve the confidentiality of their communications with their attorneys. The most effective approach is to limit discussions about legal matters strictly to their attorney. While it may feel natural to confide in friends or family about a case, doing so could result in waived privilege. If a support person must be involved in legal discussions, it’s best to consult an attorney about whether their presence could impact confidentiality.

Using secure and private communication channels is equally critical. They should also avoid texting legal questions to an attorney or discussing a case over social media. Limiting social media activity during legal proceedings is advisable, as opposing parties often monitor accounts for any information that could be used to undermine a claim.

Legal discussions should also take place in private settings. If a meeting with an attorney is scheduled in person, it should be conducted in an office or another controlled environment rather than a public venue. For phone conversations, clients should ensure they are in a space where they cannot be overheard. Encrypted messaging apps and secure client portals may provide additional protection for sensitive legal correspondence.

Clients should also recognize that attorney-client privilege does not protect every type of conversation with a lawyer. Honest and lawful communication is key. If an attorney suspects that a client is seeking advice on committing fraud or another crime, the privilege does not apply. Keeping interactions focused on lawful matters ensures that privilege remains intact.

Take the Right Steps to Protect Yourself

Attorney-client privilege is one of the most valuable protections available in the legal system—but it is not automatic. Clients must actively safeguard their communications to ensure that their discussions remain confidential. Avoiding third-party involvement, using private communication channels, and being cautious about public disclosures are all essential to protecting legal matters.

If you have questions about attorney-client privilege or need legal guidance, schedule a consultation with us today.