What Is the Point of an Attorney-Client Privilege?
When major issues come before appellate courts, organizations with a stake in the outcome often seek to comment to the court in the form of amicus (“friend of the court”) briefs. In this case, the New Jersey State Bar Association felt compelled to defend the special protections extended to any communication between a client and his or her lawyer. The American legal system has long recognized that when people know that anything they say to their lawyer is confidential, they are likely to receive better representation. At the same time, the public is better served by more complete disclosure. The NJSBA expressed concern about encroaching threats on the ability of clients to exchange information with counsel because of the increasing role of technology in legal practice, and it expressed particular concern about inadvertent or casual waivers of the privilege. Both the National Employment Lawyers Association of New Jersey and the Association of Criminal Defense Lawyers of New Jersey advoca
Related Questions
- I am an attorney. Do communications with clients already covered by the attorney-client privilege immunize me from complying with 201 CMR 17.00?
- Why would the Exposure Draft erode the protections of the attorney-client privilege and work product doctrine?
- Does Exception to Attorney-Client Privilege Apply in Lawsuits Between Law Firm and Former Client?
