How to Maintain Your Attorney-Client Privilege: The attorney-client privilege is a sacred thing. It provides protection to the matters you discuss with your attorney that relate to your case. However, there are ways that you as the client can break the attorney-client privilege that can be detrimental to your case.
It is important for a client to be candid with their attorney so that the attorney can develop a strategy that will best help the client. This means that communication between the attorney and client is highly encouraged. Whether the communication is on the phone, in person, or via text or email, there are certain things as a client that you must be aware of in order to protect your attorney-client privilege.
When speaking with your attorney on the phone, make sure that no one is around or listening to your conversation. If a third party is near you and you are aware that they can hear your conversation, you are essentially offering information to that third party that is not involved in your case. Doing so can dissolve the attorney-client privilege regarding whatever you say during such a conversation. The same applies to speaking with your attorney in person; if for example, you are meeting with your attorney in a public setting.
Another thing to be aware of is use of communication mediums that are owned or monitored by your employer. Many employers that provide cell phones to their employees have access to text messages through the business’ account. It is wise not to use your work phone to communicate with your attorney. That same applies even more so to use of your work email. Emails can and will be saved by your employer on their server for some amount of time and because your employer has control over those emails, you may have broken the attorney-client privilege regarding any information that you share with your attorney through those emails.
The attorney-client privilege is important because it protects the information you share with your attorney from being uncovered by the attorney representing the other party in your case. Because it works to protect the information you share as a client, it is doubly important because in doing so it allows a client to be forthcoming and truthful about all matters related to the case.
