Attorney-client privilege exists to protect and keep confidential conversations between attorneys and their clients. As such, it is widely regarded as a cornerstone of the legal system. It is a legal principle that ensures a client has the right to speak freely and honestly to their attorney without having to fear that their words can be exposed and used against them to hurt their case in court.
The reason that the attorney-client privilege was established was to promote trust and transparency in the legal process and uphold a fair American justice system. The idea dates all the way back to English common law, and it is an essential part of ensuring that individuals accused of crimes can have the best legal representation possible. This is because with the attorney-client privilege in place, an individual who is facing criminal charges will be more likely to tell the truth to their lawyer and not withhold critical information. As such, an attorney representing such an individual will be best positioned to offer sound legal advice based on the circumstances and mount the most effective defense.
However, the attorney-client privilege does not protect all speech between a client and their attorney. This is critical to understand if you are facing criminal charges. Not every situation will protect your speech with your lawyer and could ultimately harm your case.
For more information on how to build a strong defense against criminal charges in Illinois, you can call the Chicago criminal defense attorney at Glasgow & Olsson. Glasgow and Olsson is a highly respected, trusted, and seasoned legal team that can provide you with the best outlook if you are being charged with a crime. This is why you will regularly see Attorney Glasgow appearing as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox News.
When Are Your Conversations With Your Attorney Protected?
The only time that your conversations with your lawyer are protected is when the following is true:
- You are seeking legal advice/guidance.
- You are being given legal advice by a licensed attorney who is acting in their legal capacity.
- Your communication is confidential, meaning that no other parties can hear or be subject to knowing what is being said. This is unless certain circumstances arise that make it necessary to share the communications with a third party.
- The communication is related to legal advice or services.
- The client does not intentionally or inadvertently waive the privilege.
When Are Your Conversations With Your Attorney NOT Protected?
If any of the following is true, you do not have protected communication with your attorney:
- You are not speaking confidentially. In other words, others can hear what you are saying, or the conversation is being shared.
- You are not speaking to your lawyer about legal matters.
- You are speaking to your lawyer about future crimes or fraud.
- You intentionally or accidentally waived the privilege.
- You are communicating with your attorney through a third party who is not necessary to the legal relationship.
Speak to a Trusted and Seasoned Criminal Defense Attorney Today
It is important to understand when conversations are protected and when they are not to best safeguard your rights and your case. A prime example of when your communication is not protected under the attorney-client privilege would be when you are using a jailhouse phone to talk with your attorney or anyone else. Since jailhouse phone calls are monitored and recorded, they are not confidential, and what you say will not be protected speech.
When you need an attorney, experience matters. Speak with a Chicago criminal defense attorney at Glasgow & Olsson today to learn how we can get you the results you deserve.