Attorney-Client PrivilegeAttorney-Client Privilege

Benjamin Franklin famously observed that “An ounce of prevention is worth a pound of cure.”¹ Nothing could be truer, and that axiom applies with full force to both lawyers and clients in promoting the existence (and avoiding the waiver) of the attorney-client privilege in the various situations in which it might apply. The privilege preserves the sanctity of attorney-client communications. As noted in the examples below, mindfulness on the part of both lawyers and clients is a key factor in establishing and maintaining the privilege. Clients often don’t know that the privilege has limitations and exceptions. It’s thus incumbent on lawyers to educate their clients on the boundaries of the privilege and to remain aware of situations that m...