Dictionary of Law
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attorney-client privilege :: legal definition


Attorney-client privilege - n. the requirement that an attorney may not reveal communications, conversations and letters between himself/ herself and his/her client, under the theory that a person should be able to speak freely and honestly with his/her attorney without fear of future revelation. In a trial, deposition, and written questions (interrogatories), the attorney is required and the client is entitled to refuse to answer any question or produce any document which was part of the attorney-client contact. The problem sometimes arises as to whether the conversation was in an attorney-client relationship. If a man tells his neighbor who happens to be an attorney that he embezzled funds, is he doing so while seeking legal advice or just chatting over the fence (which is the test)? If a document was prepared as part of the legal preparation for a client, it usually is a "work product" and is also privileged. Similar privileges exist between pastor and parishioner and doctor and patient.

See also: attorney's work product privileged communication work product and Related Law Terms ↓


Related Law Terms

acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attorney's work product :: n. written materials, charts, notes of conversatio ... ivileged communication work product
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confidential communication :: n. certain written communications which can be kep ... privilege privileged communication
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
disbarment :: n. the ultimate discipline of an attorney, which i ... ation and/or cure. See also: disbar
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
of counsel :: adj. reference to an attorney who is not actively ... quiring his/her full-time presence.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
retainer :: n. the advance payment to an attorney for services ... e stuck with extensive unpaid fees.
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance
substitution of attorney :: n. a document in which the party to a lawsuit stat ... t any time. See also: substitute in
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
work product :: n. the writings, notes, memoranda, reports on conv ... ies to be employed by the attorney.

Popular Law Searches

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Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien