Private Confessions: Understand What Attorney-Client Privilege Means
When a perfect storm of bad situations puts you on the other side of the law, you may be desperate for help. Family members can only provide so much comfort and then you will need some professional legal support. Since some charges can mean serious penalties and a loss of freedom, a criminal law attorney is well worth your time and money. One important benefit of having legal representation is the attorney-client privilege, so read on and find out how this important provision helps your attorney be such a great advocate.
What is attorney-client privilege and why is it important?
Your attorney must have as much information about you as possible to properly represent you, so our justice system ensures that you can be honest without fear of repercussions. The attorney-client privilege means that anything you say to your attorney is protected. The attorney can never be made to reveal anything you say to him or her, no matter what.
If there were no privilege in place, the attorney could be asked, under oath and in a court of law, to speak about you and your case. There are very few exceptions to this important privilege, but it makes sense to know about when you do and when do not have the attorney-client privilege.
Attorney-client privilege exceptions to understand
The following situations can be quite common, so make sure you double-check with your attorney before you speak:
Future acts – Anything you say to your attorney about past acts is considered privileged. If, however, you state that you are going to be committing a crime at some point in the future, that information is not privileged. Your attorney is an officer of the court and is bound by law and ethics to report threats of future bad acts, and attorney-client privilege plays no part.
There is an exception to this exception as well, however. If you couch the future criminal act in terms of a hypothetical situation, it is covered under the attorney-client privilege. You could say, for example, "What if I drove my car without a license?". Since this phrasing falls under the privilege, it is protected.
Casual conversations – Attorney-client privilege is not meant for conversations with people who just happen to be attorneys. It must be understood that you are actually asking for legal advice and not just talking about legal matters. For example, if you begin talking with your seatmate on a flight and they turn out to be an attorney, you cannot rely on attorney-client privilege unless both of you understand that you are seeking help with a legal matter.
Overheard conversations – Another issue with this privilege concerns situations where you can be overheard. If you and your attorney are in public, such as in an elevator or at a crowded restaurant, your information may not be private in more ways than one. Other people may overhear you, which makes the conversation not so private, but the courts could rule that there was no expectation of privilege due to the public nature of the conversation.
Speak with your criminal defense attorney services about this important issue today.