What does the attorney-client privilege protect?

What does the attorney-client privilege protect?

• A. The attorney-client privilege requires disclosure when the client informs a third party.
• B. The attorney-client privilege protects confidential communications between attorney and client made for purposes of seeking or receiving legal advice; the privilege generally survives termination.
• C. The privilege ends when the client dies.
• D. It does not apply to communications about criminal activity.

Answer: (B)

At its core, the attorney-client privilege protects confidential communications between an attorney and a client that are made for the purpose of seeking or receiving legal advice, and it generally survives the termination of the relationship. This means the key focus is confidentiality of the legal consultation, not disclosure to others, and the protection persists even after the lawyer-client relationship ends. Helpful context: a third party’s presence can break confidentiality unless that person’s involvement is necessary for the legal representation. The privilege does not automatically end with the client’s death, and there is a crime-fraud exception that can override the privilege if the client seeks or uses legal services to commit or conceal wrongdoing. These nuances reinforce why the statement that emphasizes confidential, purpose-driven communications and continuation beyond termination is the correct framing.

At its core, the attorney-client privilege protects confidential communications between an attorney and a client that are made for the purpose of seeking or receiving legal advice, and it generally survives the termination of the relationship. This means the key focus is confidentiality of the legal consultation, not disclosure to others, and the protection persists even after the lawyer-client relationship ends.

Helpful context: a third party’s presence can break confidentiality unless that person’s involvement is necessary for the legal representation. The privilege does not automatically end with the client’s death, and there is a crime-fraud exception that can override the privilege if the client seeks or uses legal services to commit or conceal wrongdoing. These nuances reinforce why the statement that emphasizes confidential, purpose-driven communications and continuation beyond termination is the correct framing.