Leftists, always trying to violate the rights of the people.
Attorney-Client Privilege
In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other person from disclosing, confidentialcommunications between the client and his or her attorney. Such privilege protects communications between attorney andclient that are made for the purpose of furnishing or obtaining professional legal advice or assistance. That privilege thatpermits an attorney to refuse to testify as to communications from the client. It belongs to the client, not the attorney, andhence only the client may waive it. In federal courts, state law is applied with respect to such privilege.
The attorney-client privilege encourages clients to disclose to their attorneys all pertinent information in legal matters byprotecting such disclosures from discovery at trial. The privileged information, held strictly between the attorney and theclient, may remain private as long as a court does not force disclosure. The privilege does not apply to communicationsbetween an attorney and a client that are made in furtherance of a
Fraud or other crime. The responsibility for designatingwhich information should remain confidential rests with the client. In its most common use, however, the attorney claims theprivilege on behalf of the client in refusing to disclose to the court, or to any other party, requested information about theclient's case.
As a basic construction in the judicial system, the privilege is an ancient device. It can be found even in Roman law—forexample, Marcus Tullius Cicero, while prosecuting the governor of Sicily, could not call the governor's advocate as a witness,because if he were to have done so, the governor would have lost confidence in his own defender. Over the years, the closetie between attorney and client developed further with reforms in English
Common Law.
Because the attorney-client privilege often balances competing interests, it defies a rigid definition. However, one often-cited characterization was set forth in
United States v. United Shoe Machinery Corp., 89 F. Supp. 357 (D. Mass. 1950). The courtarticulated five requirements:
first, the person asserting the privilege must be a client, or must have sought to become a clientat the time of disclosure; second, the person connected to the communication must be acting as a lawyer; third, thecommunication must be between the lawyer and the client exclusively—no non-clients may be included in thecommunication; fourth, the communication must have occurred for the purpose of securing a legal opinion, legal services, orassistance in some legal proceeding, and not for the purpose of committing a crime; fifth, the privilege may be claimed orwaived by the client only (usually, as stated above, through counsel).