"Can I tell you something in confidence?" Clients ask this in nearly every first meeting — and the answer is yes, with rare exceptions. But privilege is not magic; it is a set of rules, and understanding them helps you protect yourself.
What privilege actually covers
Attorney-client privilege protects confidential communications between you and your lawyer made for the purpose of obtaining legal advice. Your lawyer generally cannot be forced to reveal them — and, crucially, neither can you be forced to. This protection exists so you can be completely honest, because a lawyer working with half the facts cannot fully protect you.
Confidentiality is broader
Separate from privilege, attorneys owe a professional duty of confidentiality covering everything relating to your representation — even information from other sources, and even after the engagement ends. We do not discuss your matter with anyone outside the engagement without your consent. Full stop.
How clients accidentally waive privilege
Privilege belongs to you, which means you can also lose it. The most common ways: forwarding your lawyer's advice email to a friend, discussing legal strategy with a third party present, or posting case details on social media. A good rule — never share your lawyer's advice with anyone outside the representation without asking us first.
The rare exceptions
Privilege does not cover communications seeking advice to commit a future crime or fraud, and it generally does not apply to disputes between you and your own lawyer. These boundaries are narrow by design — within them, candor is always the right choice.
When in doubt, tell us everything and let us sort out what matters. That is literally what privilege is for.
