The Scope of Attorney-client Privilege
When a client speaks with an attorney, it is generally considered to be privileged information. This means that a person’s legal counsel must keep that information to him or herself. However, this only applies to private conversations, and a client has the option of waiving this right. An attorney cannot waive this right on a person’s behalf.
The Factors That Create a Privileged Conversation
There are many factors that go into determining if a conversation is privileged or not. For instance, the conversation must take place between a client and an attorney directly without any other parties present. If another person overhears the conversation, it may make it harder to conceal what was said during a trial. Finally, a conversation between a client and an attorney cannot contain any language that suggests an individual is planning on committing a crime.
This Right Can Be Waived at Any Time
Only an individual who is seeking legal advice can decide to waive his or her right to attorney-client privilege. An attorney must generally make this clear during an initial consultation as well as explain the scope of privilege that a potential client enjoys until it is waived. It is important to note that an individual only gets to keep information confidential if he or she is speaking with a member of the American Bar Association or a subordinate of an ABA member.
An Attorney Is Obligated to Serve Your Best Interests
Whether a person chooses to exercise the right to keep information disclosed to an attorney confidential or not, legal counsel must make choices that serve the client’s best interest. Therefore, Las Vegas injury lawyers will likely keep information confidential if possible regardless of whether privilege exists.