Q: What does attorney-client privilege mean?
A: Without the client’s permission, an attorney may not disclose confidential information that a client has communicated to him or her.
Q: Is every communication covered by privilege?
A: No. Attorney-client privilege protects only that spoken or written information conveyed to an attorney hired by the client, which is communicated when the client is seeking the attorney’s legal counsel on a matter. Counsel unrelated to a legal matter is not privileged.
Q: What about cell phone calls or e-mail communication?
A: Care must be taken with their use, since third parties may eavesdrop even on supposedly secure or encrypted communications.
Q: Who “owns” the privilege?
A: Only the client, who breaks it by inadvertently communicates the information to a third party.
Q: Must an attorney’s employees honor the privilege?
A: Yes, other members of the firm—attorneys, legal assistants, paralegals, and clerical staff—honor attorney-client privilege.
Q: How long does privilege exist?
A: Only a client’s authorization or a court’s ruling can break it.
This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Holly Gayle Gershon
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Boca Raton, FL 33432