Understanding Attorney-Client Privilege

Attorney-client privilege is a cornerstone of the legal system, providing essential protection for individuals seeking legal advice. Understanding this privilege can alleviate concerns about confidentiality and empower clients to make informed decisions. Real estate transactions are legal work, and the attorney-client privilege applies here, too.  

What is Attorney-Client Privilege?

This legal protection ensures that communications between a lawyer and their client remain confidential. It covers written, oral, and electronic communications intended for legal advice. By safeguarding these interactions, clients can speak freely without fear of exposure. Even in the context of a real estate transaction, it is important that attorneys and clients are free to discuss legal matters without fear that sensitive information will be shared. 

When Does the Privilege Apply?

The privilege applies when communication is between a lawyer and their client, intended to be confidential, and relates to legal advice. It ensures that such communications cannot be disclosed in court or used against the client, or disclosed to the other side of your real estate transaction.

Exceptions to the Privilege

Privilege may be lost if the client shares information with third parties or if the communication involves planning a crime or imminent harm. That also means that a careless e-mail that includes the other side of your real estate could create an exception to the attorney-client privilege. Contract negotiations, inspection discussions, and many other things may be discussed between an attorney and their client. Those things should remain private. Being aware of these exceptions helps maintain the privilege's protection. 

Why It Matters for Clients

Attorney-client privilege means lawyers cannot be forced to testify against clients, and privileged communications are protected from disclosure. This protection encourages open dialogue, facilitating effective legal counsel. 

Understanding the limitations and scope of attorney-client privilege is crucial. It helps prevent accidental loss of protection and encourages proactive communication with legal advisors. If you have specific concerns about confidentiality, consulting a legal professional is advisable. Rest assured that, even in a real estate transaction, your communication with your attorney is confidential and privileged.