Ellen K. Michaels Criminal Defense Blog
Attorney client privilege is an essential legal privilege that keeps the communication between a client and their attorney completely confidential. The conversation between the two parties cannot be disclosed to any other third party. This privilege ensures clients that they will receive valuable legal counsel and empowers the client to fully disclose all of their information to their attorney. Also, the main reason for the communication must be for the client to ask their attorney for legal advice.Without attorney client privilege, someone may be hesitant and fearful to share all of their information with an attorney. Attorney client privilege exists solely to preserve the confidentiality of the information which the client gives the attorney and has no negative implications for the client in any way. However, this valuable privilege is not suitable to every form of communication between the client and the attorney. This entitlement to the client only exists when contact is with or from an attorney and must be completely confidential.
Attorney client privilege helps develop a positive relationship between the client and their attorney. By knowing that the information they share with their attorney will be completely confidential and will not be disclosed to any third party, the client will be inclined to share more information with their attorney. This entitlement helps establish trust between the client and the attorney since the client has a safe space to tell of their information to their attorney without there being any potential consequences. Attorney client privilege paves the way for truthful communication to take place between an attorney and their client. For hundreds of years, this privilege has existed to benefit the client and helps them ensure that they have the ability to tell anything they desire to an attorney without the involvement of any additional party.
Imagine that you are living in a certain country in the world and are arrested for a crime in a country where attorney client privilege does not exist. Information you share with your attorney will not remain confidential and any third party can potentially find out this information. Since attorney client privilege is not a right here, you will feel helpless and will have nobody in a position of power or authority where you can share confidential information with. Let’s fast forward to someone who committed a burglary crime in the United States. After you are arrested you are panicking and are looking for someone to talk to right away. You are granted access to a phone and are allowed to call an attorney right away and schedule to meet up with them in person. Later in the week, you are incredibly anxious and see an attorney for the first time in person. The attorney helps calm you down and ensures you that any communication with them will remain completely confidential. Since the conversation will remain completely confidential, you feel inclined to tell everything about the crime to the attorney which leads to you building a trustful
relationship with the attorney. The difference between committing a crime in a country with no attorney client privilege and a country with attorney client privilege is astounding. Attorney client privilege is extremely beneficial to the client and will ensure that the confidential information you share with an attorney is preserved.