Attorney-client privilege is a fundamental concept in the practice of law and it’s one that business professionals should have a working understanding of. Put simply, attorney-client privilege is a protection that exists between a client and his legal counsel that prevents the attorney from disclosing communications and other information shared by the client.
What Does Attorney-Client Privilege Protect?
Attorney-client privilege is a protection against compelled testimony or disclosure by an attorney. This means that a lawyer is not allowed to reveal confidential communications made by the client, or information obtained by the lawyer while representing the client. This applies to both reports created from the attorney-client communications and documentary evidence that was obtained through discovery.
In some instances, a communications between a client and attorney may be privileged, even if the communication does not directly result in legal advice being provided. This includes any communication where the purpose was to ultimately obtain legal advice or assistance with a legal matter. The attorney must be employed or retained to represent the client in regard to the legal matter and the communication must be made while the lawyer is in that capacity.
When Is Attorney-Client Privilege Relevant?
Attorney-client privilege is most relevant during legal proceedings, including criminal and civil trials, arbitration, and mediation. If there are documents or other communications between the client and the attorney that could be relevant to the case, the opposing party in the proceedings cannot make a request for the documents. The information and communications are to remain confidential unless the client or the attorney choose to waive the privilege.
Today, attorney-client privilege is being tested in the area of cyber security. As more business conversations are taking place in digital spaces, corporations are increasingly looking for legal counsel to assist them with cyber security matters. The basic concept of attorney-client privilege remains intact in the digital space; however, attorneys and clients alike must be aware of second- and third-party outsiders who may have access to the confidential information.
How Can Businesses Ensure Attorney-Client Privilege?
The best way for businesses to ensure attorney-client privilege is to make sure that actually law firms being used to advise them are experienced in digital law. A digital law expert should be able to guide clients on the best technology platforms for secure communications between the client and their legal counsel. The use of a secure virtual platform accessed with strong passwords will guarantee a high level of privacy.
For businesses operating internationally, there are additional considerations that must be taken into account. International regulations capably of infringing on privileged attorney-client conversations need to be taken into account, such as GDPR. Expert counsel can help companies create policies and procedures that will ensure attorney-client privilege remains intact, even in an international context.
Conclusion
Attorney-client privilege is an important piece of the legal puzzle that businesses must be familiar with in order to remain secure and protected. Business professionals should ensure that their legal counsel is experienced in cyber law and international regulations, to ensure that privileged conversations remain such. With the right legal expertise, businesses can preserve attorney-client privilege and make sure their confidential information remains protected.