Attorney-Client Privilege (Ethics)
What does "Attorney-Client Privilege (Ethics)" mean in law?
The attorney-client privilege is an evidentiary rule that protects confidential communications made between a client and attorney for the purpose of obtaining or providing legal advice. Unlike the broader ethical duty of confidentiality under Rule 1.6, the privilege is narrower in scope: it applies only to communications (not underlying facts), must involve a communication made in confidence, and must be for the purpose of seeking legal assistance. The privilege belongs to the client, not the attorney, meaning only the client can waive it. The crime-fraud exception defeats the privilege when the client seeks the lawyer's assistance in committing or planning a crime or fraud.
Definition
The attorney-client privilege is an evidentiary rule that protects confidential communications made between a client and attorney for the purpose of obtaining or providing legal advice. Unlike the broader ethical duty of confidentiality under Rule 1.6, the privilege is narrower in scope: it applies only to communications (not underlying facts), must involve a communication made in confidence, and must be for the purpose of seeking legal assistance. The privilege belongs to the client, not the attorney, meaning only the client can waive it. The crime-fraud exception defeats the privilege when the client seeks the lawyer's assistance in committing or planning a crime or fraud.
Example
When a client emails her attorney asking for advice on how to structure a real estate transaction to minimize tax liability, that communication is protected by the attorney-client privilege and cannot be compelled in discovery.