Attorney-Client Privilege

-


Attorney-client privilege has been brought to attention online due to the recent FBI raid on President Trump’s personal attorney, Michael Cohen’s office. What is attorney-client privilege? What is covered and what is not? The American Bar Association explains in Rule 1.6: Confidentiality of Information.


 
The ABA explains that Rule 1.6 “governs the disclosure by a lawyer of information relating to the representation of a client during the lawyer's representation of the client.” What does that mean? In layman’s terms, it means that information disclosed by clients to their representative attorneys is protected. 

However, when is attorney-client privilege disregarded? The ABA goes on to explain that there is a limited exception to the “rule of confidentiality that permits the lawyer to reveal information to the extent necessary to enable affected persons or appropriate authorities to prevent the client from committing a crime or fraud… such a serious abuse of the client-lawyer relationship by the client forfeits the protection of this Rule.” Known as the "crime-fraud exception", discussions between a lawyer and client about a future crime and fraud are not privileged; however, conversations about past crimes are. 

Ryan Lucas of NPR spoke with Harry Sandick, a former assistant U.S. attorney for the Southern District of New York who pointed out additional exceptions. He explains, "if a lawyer is communicating with a third party, for example, those conversations are not privileged. Or if a lawyer is giving business advice, that is not protected either."

For a more in-depth examination and explanation of attorney-client privilege, please visit the ABA’s Client-lawyer relationship: Rule 1.6 Confidentiality of Information and Comment on Rule 1.6.

Credits:  

Lucas, R. (2018, April 10). Does FBI raid on Trump lawyer Cohen mean attorney-client privilege is 'dead'? Retrieved from https://www.npr.org/2018/04/10/601153729/does-fbi-raid-on-trump-lawyer-cohen-mean-attorney-client-privilege-is-dead


Popular posts from this blog

Law reVIEW: Erin Brockovich

-
Image
Law reVIEW is a blog series dedicated to investigating and reviewing both popular and documentary films in the Chastek Library film collection. E RIN BROCKOVICH (2000)  Julia Roberts stars in this hugely popular dramatized biographical film portrayal of the life of single mom, legal clerk, and activist, Erin Brockovich. Supported by the wonderful Albert Finney as attorney Ed Masry, this film tells the tale of the 1996  Anderson, et al. v. Pacific Gas and Electric   arbitration that became what was then the largest direct action settlement in U.S. history.  Beginning in 1992, Brockovich, with Masry's expertise and support, builds a case against the utility giant upon discovering evidence that PG&E covered-up their role in contaminating Hinkley, California's water supply with cancer-causing hexavalent chromium  decades before through their use of unlined wastewater disposal ponds.  Erin Brockovich currently holds an 84% on Rotten Tomatoes with the overall conse
Read more

Ashley Leaves Chastek Library for Firm Life

-
Image
It is somewhat bittersweet to announce that Ashley Sundin (Head of Public Services Librarian) will be leaving the Chastek Library to take a position as a Legal & Business Research Analyst at K&L Gates in their Seattle office.  Ashley has been at Gonzaga over 6 years and all of us in the Chastek Library have enjoyed working with her.  Ashley is a great law librarian and has done many good things at Gonzaga, including providing research to faculty, teaching law school classes (in-person and online) as an adjunct, supervising the public services department in the library, assisting with the library’s collection development, writing many articles for the NW Lawyer/Washington State Bar News magazine, teaching CLEs, and providing legal research training to students. She even earned an MBA from Gonzaga while working here.   Aside from her high level of competency as a law librarian, we will miss her wonderful attitude, work ethic, and sense of humor.  Ashley has seen a lot of cha
Read more