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Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." [1]
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
Number Name Notable Rules 1 Client-Lawyer Relationship 1.1: Duty of Competence [7]; 1.6: Confidentiality of client information. [8] Note that these confidentiality requirements overlap with but are distinct from evidentiary rules of attorney-client privilege.
Although the majority of courts who have reviewed this issue have recognized and enforced a privilege shared between law firm attorneys and their in-house counsel, there is some uncertainty ...
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [1]
The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
A law firm can still have a conflict of interest, despite the appointment of a Cumis counsel. [6] However, in some states, the appointment can cure a conflict. [7] The appointment of Cumis counsel also raises unusual attorney–client privilege issues. [8]
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]