You are telling your lawyer much more than simply describing your legal position — you are sharing your private life, your emotional state, and possibly uncomfortable truths. Therefore, privacy is more than just a courtesy extended by a professional — it is the cornerstone of a fair and equitable legal system.
Without this, the honesty of clients would be compromised, and lawyers would not have all the facts necessary to defend or advise their clients successfully. The concept of attorney-client privilege protects this trust.
The Role of Confidentiality in Building a Relationship of Trust
A lawyer/client relationship is based on trust. With the knowledge that their comments will be kept confidential, a client is far more likely to provide the full details of their case, both positive and negative.
This degree of honesty allows a lawyer to develop a better plan to defend their client. If a client feels fearful of the potentialconsequences of providing truthful information regarding their case, the client may withhold some of that information.
If a client does not provide a lawyer with all the relevant information, the lawyer may have difficulty developing a comprehensive strategy to defend the client. Confidentiality offers a "safety net," allowing a client to communicate freely without concern that their words will come back to haunt them.
The Benefits of Being Open with a Lawyer
Openness with a lawyer allows them to understand the proper context of the client's case. This understanding is essential to developing an effective strategy to represent a client, regardless of whether the client is involved in a criminal case, a personal injury lawsuit, or a complex business dispute.
What Attorney-Client Privilege Protects
While confidentiality is an ethical obligation, it also has a basis in law. Attorney-client privilege protects:
- Private communication with the lawyer.
- Emails, letters, and other written materials associated with the client's case.
- Notes and plans that were developed during the representation of the client.
- Advice provided to the client in connection with the client's case.
With limited exceptions — such as where there is a threat to the client or another individual, or where there is a reasonable belief that a future crime is going to occur —the lawyer is prohibited from disclosing any confidential information without the client's consent, even after the completion of the case.
Why It Matters to Your Case
Confidentiality allows you to communicate freely and honestly with your lawyer, and this freedom and honesty directly impact the effectiveness of your case. For instance, a person who has been charged with a serious offense may be reluctant to provide their lawyer with all the facts related to their case because they fear that those facts will be used as evidence against them.
If your lawyer is unable to anticipate the prosecutor's arguments or build an effective defense, the result may be less than optimal. The same holds true for civil cases. In personal injury or family law cases, private information like health records, financial records and past mistakes may be sensitive. Still, they are often critical to the development of an effective defense.
Key Takeaways
- Privacy fosters honesty and trust between the lawyer and client.
- Attorney-client privilege provides the legal basis for protecting the privacy of communications between the lawyer and client.
- Privacy allows the client to provide the lawyer with the most accurate information possible so that the lawyer can build the strongest case.
- Lawyers are generally prohibited from disclosing confidential information to anyone, including others in the law firm, unless the client consents, or in limited instances, when disclosure is compelled by law.
- Protecting client confidentiality contributes to fairness and a more effective justice system.
