hi my name is zack parry. i am going to be answering the question today, when does attorney client privilege begin. it is actually a pretty common question. and, a little bit complicated. as a preliminarymatter, there is something called confidentiality and there is something called privilege and the two terms are often interchanged. but, they really mean something quite different. confidentiality has to do with the attorney’s duty to maintain theconfidentiality of certain communications
conveyed to the attorney. privilege, on the other hand, has to do with in court attorneys rightto object and refuse to answer questions under the basis of privilege. so, confidential information is the attorney’s duty and he can use privilege rule as a shield in court if someone is trying to get at confidential information. now attorney-client relationship doesn’t technically begin until the client has, well, until there has been an agreement between the
attorney and the client that the attorney will represent the client and also until the client has asked the attorney to pursue some course of action on their behalf. however, just because you do not actually sign upwith an attorney, doesn’t mean that the privilege and theconfidentiality don’t apply. because the confidentiality provision in the rules and ethics predate the actual formation of the attorney client relationship. so, my duty to prospective clients regarding confidentiality is the same asmy duty
towards my actual clients. what that means in practical terms is if you call an attorney and you are asking questions of the attorney, seeking advice to determine whether you even want to hire the attorney or whether you even need to hire an attorney. those discussions aimed at discovering whether you’re going toretain the attorney are confidential. unless certain exceptions apply. for example, if others were present then you’ve waved confidentiality. you can also voluntarily waive confidentiality. there are certain times when
an attorney may or must breach confidentiality like in certain cases involving crimes. if you are planning to commit a crime the attorney can disclose that. for the most part, an attorney has the duty to maintain the confidentiality of information you provide to the attorney. even if you don’t end up hiring the attorney. and this rule of confidentiality is sacrosanct. it is something that the courts will uphold. so speak with confidence knowing thatwhen you seek advice from an attorney or when you retain an attorney, that attorney will maintain theconfidentiality
of the information provided to him. and of course the reason behind the law is to encourage you to disclose all so that the attorney all of the information he or she needs to pursue your case that’s what ends up happening. lawyers plus, we earn your trust. do you need to speak with a lawyer? if so,call one you’ll actually like.