Are Your Discussions with Your Lawyer Confidential?

The short answer is yes. The general rule is that when you consult with an attorney for advice about a legal problem or engage a lawyer to represent you in connection with some legal dispute, your conversations with that attorney are protected by what's called the "attorney-client privilege."

This is a broad policy designed to enable you to speak freely and frankly with a lawyer without having to worry about whether your discussions with him or her will be made public. You are the sole "owner" of the privilege. That means that the lawyer cannot disclose the information you provided without your knowledge and permission.

There are some important exceptions to this policy. The privilege does not apply to communications with an attorney to obtain legal help or advice in carrying out an illegal or fraudulent activity. You can also do what's called "waiving the privilege" if you discuss your communications with the attorney with other people (e.g., coworkers, friends or sometimes even members of your family). This is important — once you disclose the information outside the attorney-client relationship, it's no longer a secret and the privilege disappears forever.

The bottom line here is that your communications with an attorney will be protected if:

1. They were made for the purpose of obtaining legal advice
   
   
2. You intended those communications to be confidential
   
   
3. You have not "waived the privilege" by acting in ways that are inconsistent with keeping the information confidential (i.e., telling other people what you discussed with the attorney)

Read Confidentiality and Non-Disclosure Agreements for Small Businesses to learn how to protect your company information in other business relationships. For your dealings with non-employee business contacts, including consultants, check out Confidentiality and Invention Assignment Agreements for Contractors.