The attorney-client privilege is essential to communications that occur between attorneys and their clients in both criminal and civil matters. This privilege, and others, are central to a lawyer’s professional conduct. In a nutshell, the privilege protects all of these communications and prevents outside sources (including the prosecution) from learning the contents of such communications.
If you face charges of a crime in Illinois, the experienced Wheaton and DuPage County criminal defense lawyers at Martin & Kent, L.L.C., may help. Our attorneys honor the attorney-client privilege at all times and will protect all confidential communications that you disclose. Our team of lawyers has a total of 45 years of combined legal experience, and we know what we’re doing when it comes to defending criminal charges. Let us offer you aggressive representation today.
Attorney Discipline
Lawyer conduct in Illinois is governed by a code of ethics. These ethical rules bind all lawyers who practice in the state, as well as visiting lawyers who practice on a limited basis from out-of-state. One such rule prohibits lawyers from disclosing privileged communications that transpire between themselves and their clients.
Attorney-client privilege increases the level of public trust in the legal profession and encourages clients to speak with their lawyers candidly about their cases. A lawyer who breaches attorney-client privilege could suffer sanctions by bar counsel or discipline by the highest court in the state.
Purpose of the Attorney-Client Privilege
The primary purpose of the attorney-client privilege is to keep all communications between clients and their attorneys open, honest, and unhindered. For an attorney to provide good legal advice and service to a client, the attorney must receive full and accurate information about all facts and circumstances relevant to the circumstances and legal issues at hand. In turn, clients are more likely to discuss their legal problems in forthcoming ways if they understand that their attorney is not allowed to disclose confidential communications.
Protected Attorney-Client Communications
While some attorney-client communications fall under the privilege, other communications do not receive confidentiality protections. In general, the privilege protects all written and oral communications between a client and the attorney—and that occur for purposes of providing, seeking, or obtaining legal advice and counsel. These privileged communications also include emails between attorneys and their clients.
Attorney-Client Communications Without Protections
Although many communications that occur between lawyers and their clients are confidential, some communications lack such protections. Those unprotected communications include:
- Meetings during which an attorney is simply in the room and is not providing any specific legal advice to a client
- A general subject matter a prospective client disclosed during an initial consultation with an attorney, including the general aspects of litigation, employment advice, or legal contracts
- Communications between the attorney and the client that occur in public
- Communications between the attorney and the client that occur in the presence of a third person who is an outsider and who is not privy to the discussed issue or subject at hand
Generally speaking, when the oral or written communication is of a legal nature and is directly pertinent to the issues in a criminal case, the communication is probably privileged and the attorney should not disclose it.
Protecting the Illinois Attorney-Client Privilege
In some instances, it is difficult to tell whether a particular communication between a client and a lawyer is, in fact, privileged. However, you can ensure that the communications between yourself and your lawyer remain protected by taking the following steps:
- If you receive any voicemails, emails, documents, or other written or oral communications from your lawyer, you should not share them with anyone else who is involved in your criminal case, unless your lawyer has specifically said that it was okay for you to do so. When in doubt, you should assume that all such contents are privileged.
- Never communicate with a prosecutor or any other lawyer who is involved in your criminal case without having your own lawyer there.
Accidentally Disclosing Confidential Information by Mistake
In some instances, information that is subject to the attorney-client privilege gets disclosed by mistake. You may, for example, disclose certain information off-handedly and later realize that it was subject to the privilege and that you should not have disclosed it.
When that happens, the first thing you should do is to notify your attorney immediately. Your attorney will then determine whether the attorney-client privilege is still in place or whether the attorney breached the duty. Furthermore, your attorney can determine the next steps to take to try to rectify any breach of the privilege.
Contact an Experienced Wheaton and DuPage County, Illinois, Criminal Defense Lawyer Today
Attorney-client privilege encourages candid communication between attorneys and their clients. However, a breach of the privilege can result in serious consequences in a criminal case. The criminal defense attorneys at Kent Law, L.L.C., understand the importance of the attorney-client privilege and can ensure that all of your confidential communications remain confidential.
When it comes to defending your criminal charges, our attorneys have the knowledge and experience necessary to help you formulate a strong defense in court. If you face criminal charges or the uncertainty of a criminal jury trial, time is of the essence. To schedule a free consultation and case evaluation with an experienced Wheaton and DuPage County, Illinois criminal defense lawyer, please call our free 24-hour hotline at (630) 474-8000 today.