We all have different relationships in life. Siblings,
spouses, best friends, and work colleagues to name a few. They all play
different roles, some more important than others. However, the relationship
between a client and their attorney is a different one altogether.
When someone hires and attorney to help them with their
claim, they form something known as the attorney-client relationship. According
to the Cornell Law School’s Legal Information Institute, attorney-client
privilege, “refers to a legal privilege that works to keep confidential
communications between an attorney and his or her client secret.”
Each state may have their own variation on the
definition, though many follow the general foundation listed above. The
definition of attorney-client privilege in Florida is governed by the Florida
Statutes which say, “A client has a privilege to refuse to disclose, and to
prevent any other person from disclosing, the contents of confidential
communications when such other person learned of the communications because
they were made in the rendition of legal services to the client.”
Every conversation you ever have with any attorney does
not necessarily mean that an attorney-client relationship has formed. You
cannot have attorney-client privilege without first creating an attorney-client
relationship. In Florida, there are four elements that must be established for
the attorney-client privilege to apply.
1.) There
must be a communication.
2.) The
communication must be made between privileged persons (a client with an
attorney who has agreed to offer advice or take their case).
3.) The
communication has to be made in confidence (the client who shares the
information with the attorney trusts that the attorney will keep what they said
between them).
4.) The
client shares the information for the purpose of seeking or obtaining legal
assistance in the hopes that the attorney will provide that legal assistance to
the client.
However,
the attorney-client privilege is NOT
absolute. While you may share things with your attorney that you believe will
not be shared with anyone else or the court, there are rules governing what
attorneys are and are not obligated to share with others.
Here are some examples of when an attorney-client privilege
will not exist.
- If the client is looking for their
attorney to help them in committing a crime or help them in the planning of
future criminal activity.
- If the attorney is representing two or
more clients who have a common interest, then one client cannot assert
attorney-client privilege to prevent the attorney from communicating with the
other client that they are representing in the same matter.
- If an issue arises that would cause the
attorney to breach a duty that they owe their client, then the communication
that would result in that breach is not protected by attorney-client privilege.
One important note. Attorney-client privilege is NOT the same as confidentiality.
Every attorney is bound by the duty of confidentiality. This duty, “prevents
attorneys from even informally discussing information related to their clients'
cases with others. They must keep private almost all information related to
representation of the client, even if that information didn't come from the
client.” This is an important distinction to make because while you may think
certain things are confidential, they may actually just be a result of
attorney-client privilege and have the potential to be shared with others or
the court.
If you have any questions or are looking for more
information about attorney-client privilege or another issue that you may have,
please do not hesitate to fill out our contact form below to schedule your free
consultation with Marcie Baker.
***The post is not
intended as legal advice nor does it constitute the creation of an
attorney-client relationship. It is for informational purposes only. Should you
have any questions or concerns regarding a new or pending case that you may
have please speak with an attorney or fill out our contact form below.***
Sources: https://www.law.cornell.edu/wex/attorney-client_privilege
https://www.nolo.com/legal-encyclopedia/attorney-client-privilege.html
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