Attorney-client privilege is a critical part of the legal system, as it provides clients with assurance that their communications with their attorneys are confidential. However, misconceptions about attorney-client privilege are very common and can lead some people to not have the strongest case possible presented in court. Understanding the truths behind the myths can help you navigate legal issues more confidently and protect your rights.
Myth 1: Everything You Say to Your Attorney Is Protected
While attorney-client privilege does protect most communications between a lawyer and their client, not everything you share is covered. One key exception to attorney-client privilege is the crime-fraud exception. If you talk to your attorney about something with the intent of committing or covering up a crime or fraud, your communications are not considered privileged. This is to help prevent the misuse of legal advice for illegal purposes. For example, if you tell your lawyer that you were drinking the night of a car accident, that confession is protected. However, if you tell your attorney that you plan on robbing a bank next week, that is not protected.
In the state of Maryland, if an attorney thinks that a client is using their services to commit or prepare to commit a crime, they may be obligated to disclose the information or risk facing criminal charges and disciplinary sanctions themselves.
Myth 2: Only Written Communication Is Protected
Attorney-client privilege is not limited to written communications—it also covers oral conversations, emails, phone calls, and other forms of communication between a client and their lawyer, as long as the discussion is related to seeking or providing legal advice. For example, if you have an in-person meeting with your lawyer to talk about the details of your case, the information shared in that meeting is generally protected. In the same vein, if you communicate with your attorney over email, that exchange is covered by attorney-client privilege, providing it pertains to legal advice.
Myth 3: Attorney-Client Privilege Covers Physical Evidence
One common misconception is that attorney-client privilege extends to physical evidence of a crime. In reality, the privilege applies to communication, not to objects or physical evidence. If you hand over physical evidence, such as a weapon or a document related to a crime, your attorney may have a legal obligation to disclose or turn over that evidence to authorities. However, discussions about evidence or instructions on how to handle it are typically protected under attorney-client privilege. For example, if you tell your lawyer how a piece of evidence relates to your case, that conversation is privileged. It’s important to distinguish between physical evidence and confidential discussions about it.
Myth 4: Attorney-Client Privilege Is Permanent
While attorney-client privilege generally lasts beyond the end of the attorney-client relationship, it is not always absolute. In certain situations, the privilege can be waived or lost. For example, if a client shares privileged information with others outside the attorney-client relationship, they may have effectively waived their right to confidentiality. This is why it’s crucial for clients to refrain from discussing their legal matters with people who are not part of their legal team. In Maryland, the privilege may also be waived if a client claims ineffective assistance of counsel. In such cases, communications that would typically be protected may be disclosed as evidence in court to determine whether the attorney fulfilled their obligations.
Contact Mobley & Brown, LLP for Help With Your Legal Needs
If you are arrested in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
