Also known as: client privilege · clients' privilege · attorney-client privilege · lawyer-client privilege
Written by attorneys · grounded in primary & secondary sources — see below
The protection that applicable law provides for confidential attorney-client communications. The privilege attaches to communications made for the purpose of obtaining legal advice and survives termination of the relationship, including by the client's death. It extends to all corporate employees when communications occur at the direction of superiors for the purpose of securing legal advice.
Cecilia Cabrera left her prior firm to join a new practice. Before accepting a new matter for Cascade Manufacturing, she needed to confirm no conflicts existed with former clients. She disclosed only non-privileged identifying information to her new colleagues. The client's privilege remained intact because the limited disclosure did not reveal any confidential communications.
Central Dynamics's counsel prepared memoranda summarizing interviews with potential witnesses in anticipation of litigation. When the opposing party sought the memos in discovery, the court denied the request absent a showing of necessity. The client's privilege did not apply to the memos, which instead received separate work-product protection.
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Crystal Dynamics produced documents containing confidential communications between its employees and corporate counsel. The receiving party argued waiver. Because the production was inadvertent and reasonable steps had been taken to prevent and rectify the error, the client's privilege was not waived under the governing rule.
Catherine Carter sought counseling from a licensed social worker after a traumatic workplace incident. The sessions were arranged and paid for by her employer. When a third party later sought the session notes, the court recognized protection analogous to the client's privilege because the communications occurred in the course of diagnosis and treatment.
Corporate counsel at Cedar Creek Farms directed lower-level employees to provide information about internal compliance issues. The employees supplied the details at the instruction of superiors for the purpose of obtaining legal advice. The communications remained protected by the client's privilege even though the employees were not senior managers.
After Curtis Cannon's death, his estate faced a subpoena seeking notes from his prior consultations with counsel. The court quashed the subpoena. The client's privilege continued to shield the communications because the privilege survives the client's death to encourage full and frank disclosure during the relationship.
Yes. The privilege covers communications made by any corporate employee to counsel at the direction of superiors when the purpose is to secure legal advice.
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No. The privilege survives the client's death so that clients will communicate fully and frankly with counsel during the relationship.
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The client's privilege protects confidential communications for legal advice. Work-product protection separately shields materials prepared in anticipation of litigation, such as attorney interview memos, and requires a stronger showing of need for discovery.
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A lawyer may disclose limited information to detect and resolve conflicts arising from a change of employment, provided the disclosure does not compromise the privilege or prejudice the client.
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…Opinion of Justice Rehnquist We granted certiorari in this case to address important questions concerning the scope of the attorney-client privilege in the corporate context and the applicability of the work-product doctrine in proceedings to enforce tax summonses. 445 U. S. 925. With respect to the privilege question the parties and…