Being Aware of the Attorney-Client Privilege
The attorney-client privilege is an evidentiary rule. It aims to protect both the criminal defense lawyer Las Vegas and the client from being urged to spill confidential discussions between them which are about legal matters particularly on the criminal case charged to the defendant. This privilege is also arranged to promote unrestrained discourse between the lawyer and the client. This can help the client become more comfortable in giving information to the attorney. In return, it also helps the Las Vegas criminal defense lawyer to formulate a strong and competent defense strategy.
The attorney-client privilege takes place when the following components are present:
- The person who is claiming the privilege must be a client or someone who is trying to build a relationship with the Las Vegas criminal defense lawyer as a client.
- The other party, aside from the client, should be a lawyer at the time of communication.
- The communication must be exclusive between the lawyer and the client.
- The purpose of the discussion must be of attaining legal assistance, opinion or services in certain legal proceedings and must not be of committing fraudulent actions or crimes.
- The client must claim the privilege in order.
Limitations of the Privilege
The privilege belongs only to the client.
It means that the defense lawyer does not have the capacity to prevent the client from sharing the information under the attorney/client privilege to outside parties. On the other hand, the client has the power to prevent the defense lawyer from disclosing everything they have discussed with anyone, unless the topic of their discussion falls under the last limitation.
The privilege only applies to the discussions between the lawyer and the defendant.
The privilege extends to the people who immediately work with the defense lawyer such as his/her partners, associates or office staff. However, a presence of a third party who is not in any way member of the defense lawyer’s party will defeat the claim for privilege even if the third party is a client’s family member, unless that family member has an acceptable reason in participating in the discussions or meetings.
The defense lawyer may be compelled to disclose certain information about the client.
This is applicable if the client seeks advice on committing fraudulent or criminal action or if the client states an intention to commit a crime.