Working with Attorneys

The general rule of the attorney-client privilege

One category of documents, however, is shielded from discovery.  Those are documents bearing confidential communications between the client and his or her attorney for the purpose of facilitating the attorney’s rendering of legal advice.

That is, because we want our citizens to be able to talk candidly with their attorneys so as to obtain good, sound legal advice, our governments and courts have chosen to shield these communications from disclosure.  Otherwise, who would speak candidly with their lawyers knowing that the opposition could simply subpoena the lawyer to testify under oath about what the client revealed to the lawyer in confidence?

To facilitate this important, and candid, exchange of information between client and lawyer (for the client’s benefit), the attorney-client privilege has been developed.  And, as stated above, in most jurisdictions it shields from discovery those communications and documents: (1) bearing confidential communications; (2) between the client and his or her attorney; and (3) for the purpose of facilitating the attorney’s rendering of legal advice to the client.