Question about attorney confidentiality laws.?

Question

So I've never really dealt with an attourney before and I was wondering how the laws are set up as far as confidentiality.

From my understanding, isn't there a rule that an attourney must keep all his communication with his client (or soon to be client) completely confidential?

Like for example (and no I'm not in this situation, I'm just using it as an example), say someone actually murdered someone, but is hiring or consulting with an attorney in their defense. Are they able to freely tell the attorney the whole story, and even if they did do it, the attorney can choose to defend them or not, but either way, the attorney is obligated by law to keep all communication between that person secret?

If so what is that called?

**Update**

OK so I've gotten some good answers, from what I understand an attourney must keep all conversations confidential with their client.

But what about a potential client, like say for example, someone thinks that they might need an attorney for something very minor. Perhaps so minor they don't even know if they need an attorney or not, because they don't even know if they will have to go to court. Is it safe for that person to talk with various attorneys, being completely open and honest about the situation, to get advice without worries about that information getting out?

Answer 1

Attorney client priveledge


An attorney can disclose information under certain circumstances.

If the client advises of crimes not yet committed.

In circumstances of defending themselves. Ie, allegations that they are involved in the crimes of their client or allegations of misconduct by the client.

If you consult an attorney and tell them your story, and then for some reason or another they do not represent you, no, they cannot tell every Tom, Dick and Harry what you said.

Hey, I think Yahoo just eliminated the name between Tom and Harry....thats new, and it wasn't even a swear!

Answer 2

The above answers are correct, but let's make the distinction.

Rules of professional responsibility (ethics) require attorney-client confidentiality. Violation of those rules makes the attorney subject to sanctions, and potentially disbarment (loss of license).

Most jurisdictions also have evidentiary rules making confidential communications privileged, meaning they cannot be admitted as evidence during most civil or criminal proceedings. This is enforced by the court, which won't allow the private communications to be revealed.

Similar concepts, but different enforcement. Also remember that rules and laws vary by state/jurisdiction, so the details may be different in different places.

As far as prospective clients, most states (and many countries) extend both the protection of privileged communications and the requirement confidentiality to prospective clients seeking legal advice, as well as clients who have already hired the attorney.

Answer 3

You are correct I am a legal student and I am doing my internship . Attorney client priveledge is exactly like you explained in your example it is inadmissable to court an the rule of thumb is if you did do it tell your attorney the truth because then they can help you cover it up.

Answer 4

attourney client privledge