Law Office Of Paulette Hamilton Divorce Lawyers | July 14, 2025 | Family Law
Many people know the term attorney-client privilege, but may not understand it fully. If you are working with a lawyer in Orlando, knowing this privilege can help you feel more secure sharing details about your case.
Attorney-client privilege protects confidential communications between you and your lawyer, meaning they generally cannot be disclosed without your consent. This legal protection allows you to speak openly and honestly, which is crucial for building a strong case.
What Is Attorney-Client Privilege?
Attorney-client privilege is a legal rule that keeps communications between you and your lawyer private.
This means:
- Anything you say to your lawyer about your case is confidential.
- Your lawyer cannot share your private communications without your permission.
- Courts cannot force your lawyer to reveal privileged information.
This privilege encourages honest communication between clients and attorneys. When you share the truth without fear, your lawyer can provide the best advice and build a strong case.
When Does Attorney-Client Privilege Apply?
Attorney-client privilege applies when:
- You are seeking legal advice or representation.
- You communicate with your lawyer privately.
- The communication is meant to be confidential.
Even if you meet a lawyer for an initial consultation but don’t hire them, what you shared remains protected as long as you sought legal advice.
However, there are limits. Attorney-client privilege does not apply if:
- The conversation occurs in front of unrelated third parties.
- The purpose is to commit or plan a crime or fraud.
- You later share the information publicly, waiving the privilege.
Always be mindful of who is present during conversations with your lawyer.
What Types of Communications Are Protected?
Attorney-client privilege covers more than just in-person talks. It also protects:
- Emails, letters, and texts to your attorney.
- Phone calls about legal advice.
- Private meetings about your case.
- Notes your lawyer takes during communications.
However, the privilege does not cover:
- Conversations overheard by others in public.
- Posts or messages on social media about your legal issues.
- Communications that include people outside your legal team (unless they are essential staff, like paralegals).
Keeping your communications direct and private helps ensure attorney-client privilege applies.
How Is Attorney-Client Privilege Different From Confidentiality?
Attorney-client privilege and confidentiality are related but different.
Attorney-client privilege is a legal protection that prevents your lawyer from being forced to share private communications in court. This privilege belongs to you, the client, and only you can waive it.
However, attorney confidentiality is an ethical duty, requiring lawyers to keep nearly all client information private, not just direct communications. Even if privilege does not apply, lawyers must still keep your information confidential.
Together, these protections let you share everything your lawyer needs to know to represent you effectively.
Can Attorney-Client Privilege Be Waived?
Yes, attorney-client privilege can be waived on purpose or by accident.
A waiver happens when:
- You share privileged information with someone outside your legal team.
- You publicly disclose details of your communications.
- You allow your lawyer to discuss your case with others.
For example, if you forward a confidential email from your lawyer to a friend, you might waive privilege for that communication. Always keep discussions private to protect your case.
Why Does Attorney-Client Privilege Matter?
Attorney-client privilege is crucial because it:
- Allows you to be honest with your lawyer without fear of exposure.
- Helps your lawyer build a solid strategy based on complete facts.
- Protects your legal rights during lawsuits, negotiations, and investigations.
Clients might hold back information without this privilege, leaving their lawyers unprepared and weakening their cases.
What Happens If Privilege Is Violated?
If attorney-client privilege is violated:
- Evidence shared without your permission might be excluded from court.
- The lawyer could face disciplinary action for breaching ethical rules.
- Your case strategy could be harmed if private communications become public.
If you believe your privilege was violated, discuss it with your lawyer right away or consult another attorney to protect your rights.
Contact our Family Lawyers and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando family lawyers.
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Orlando, FL 32801
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