Attorney–Client Privilege, Explained

Attorney–client privilege is what lets you be completely honest with your lawyer. It means that confidential communications between you and your attorney, made to get or give legal advice, generally can't be forced out of you or your lawyer in court. That candour is the whole point: a lawyer can only advise you well if you can tell them everything.

What it actually protects

The privilege covers communications — what you tell your lawyer and what they tell you — for the purpose of legal advice. A few things people often get wrong:

• It protects the conversation, not the underlying facts — you can't hide a document just by mailing it to a lawyer
• It usually applies from the very first consultation, even before you've hired anyone
• It belongs to you, the client — only you can waive it, not the lawyer
• It's related to, but distinct from, the "duty of confidentiality," which is broader

How it can be lost by accident

Privilege is powerful but fragile. Common ways people unintentionally waive it:

• Forwarding a lawyer's advice to friends, family, or business contacts who don't need to see it
• Discussing the advice in front of third parties, or on a shared work channel
• Looping in outside people on an email thread with the attorney
• Posting about the matter on social media

When it doesn't apply

There are limits. Communications made to further a crime or fraud aren't protected, and purely business (rather than legal) advice may fall outside it. The exact rules vary by jurisdiction and by whether the client is an individual or a company — which is exactly why it's worth asking your lawyer how to handle sensitive information.