Attorney-client privilege is one of the most important parts of the legal system in the United States. This privilege allows lawyers and clients to have confidential communication that can never be shared with anyone else. It’s critical for clients to be able to freely discuss their case with their lawyer without fear of future disclosure. This privilege has been codified in Utah law: Attorney-Client Privilege
Importantly, however, there are some situations where attorney-client privilege does not apply. Clients must understand when the privilege does not apply to protect their communications with their lawyer.
1. When other people are present
Attorney-client privilege only applies to communication between the attorney and the client. If other people are present during the conversation, like the client’s spouse, parents, or friends, the privilege does not apply. For this reason, attorneys and clients must have one-on-one discussions.
2. Communications about future crimes and fraud
Attorneys have an ethical duty to not assist clients in committing crimes or to advise clients about potential future crimes. A lawyer may reveal information about a conversation with a client if the lawyer does so to prevent the client from committing a crime that could cause substantial injury to another person’s financial interest or property.
3. Conversations in public
Attorney-client conversations must take place in a private setting. If attorneys and clients discuss sensitive legal matters in a public place, like a restaurant or coffee shop, their communication might not be protected by privilege.
4. Waiver of Privilege
In order to protect attorney-client privilege, clients should not discuss confidential communication they had with their lawyer with anyone else. If they do, they risk waiving privilege.
5. Situations where a lawyer may reveal information
Utah rules allow lawyers to reveal otherwise confidential information in some circumstances. For example, a lawyer may reveal confidential communications about their representation of a client if the lawyer believes it’s necessary to prevent reasonably certain death or substantial bodily harm to a person. Other reasons a lawyer may disclose confidential communications can be found here: Waiver of Attorney-Client Privilege
Conclusion:
To ensure your conversations with your lawyer are protected, you have to understand the situations where attorney-client privilege might not apply to you and make the best decision about how to proceed with your case.