Define: Lawyer-Client Privilege

Lawyer-client privilege, also known as attorney-client privilege, is a legal principle that protects confidential communications between a lawyer and their client from disclosure to third parties. This privilege encourages open and honest communication between lawyers and their clients by ensuring that clients can freely discuss their legal matters without fear of their discussions being used against them in court. Lawyer-client privilege applies to both oral and written communications exchanged between a lawyer and their client for the purpose of seeking or providing legal advice. Exceptions to this privilege may exist in cases where there is evidence of fraud, crime, or harm to others. Overall, lawyer-client privilege is a fundamental aspect of the attorney-client relationship and plays a crucial role in preserving the confidentiality and trust inherent in that relationship.

Under English law, communication between a lawyer (barrister, solicitor, or some other professional legal advisor) relating to particular legal proceedings is privileged, to the extent that the lawyer cannot be compelled to disclose the communication without the permission of the client. This privilege has existed for a long time — at least since the 16th century — and is usually rigorously upheld by the courts, even when it is clearly not in the interests of justice. A particular problem arises where a defendant in a criminal trial has found out that a co-defendant made a statement to his lawyer, and that statement would exculpate (that is, argue against the guilt of) the defendant. If the co-defendant refuses to waive privilege, there is little that the defendant can do. This is particularly unjust when the co-defendant has pleaded guilty and has nothing to lose by disclosure, and a number of cases in the 1970s and 1980s showed a willingness of the courts to order disclosure when to do otherwise would be manifestly unjust. However, in the recent case of R V Derby Magistrates Ex Parte B 1995, the House of Lords stated categorically that the privilege was absolute.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.