We’ve all been hearing about it in the news lately, but do you know what attorney client privilege actually means? In today’s episode Chuck explains attorney client privilege and the kinds of information it protects.
Hello folks, today I am going to talk about the attorney client privilege because it has been on the news relative to politics for the last two or three weeks.
If you were to call me up and say “Hey Chuck, I need some advice. I think I am going to be charged with bank robbery. The contents of our conversation, or the fact that you called me on that issue is privileged. I can’t talk about it, you can. If you do, you have just waved the privilege and that is not a smart idea. But whatever we talk about and the fact that you called is between you and I. It stays that way forever.
If you ask an attorney for advice, it is privileged and nobody can find out about it. No one can find out the contents of it, it cant be subpoenaed for. Documents pertaining to the consultation I gave you, that is privileged forever. The only person who can waive that privilege is the client or potential client (you)calling me or sitting down in my office.
Now if you were to call me and say “Hey Chuck, I plan on robbing a bank tomorrow. What is a good way for me to get away with it from a legal standpoint?” That is not privileged. Because one, I wouldn’t do that. But beyond that, that is helping you facilitate a crime. Or if it is an after the fact thing like “Hey Chuck, I murdered somebody and I need to ditch this weapon.” I can’t advise you on that, and if I did, that would not be privileged either because I am helping you cover up a crime.
Don’t be dumb enough to ask a lawyer “How do I get around this?” when it comes to protecting yourself before or after a crime is committed. It is one thing for me to tell you “Hey, don’t do field sobriety tests” or “always agree to a blood or breath test” because there are certain things under the law that you can do when it comes to lets say DUI.
I can’t help you facilitate the furtherance of a crime and don’t think lawyers are in business to do that because they are not. A lawyer that tells you how to get around something, if it is a legal way to get around it, sure that would be privileged. But if it is an illegal way to get around it, it is not privileged, Okay?
Hope that explains it, thank you.