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Attorney-Client Privilege (Confidentiality)

Can my lawyer repeat what I say to anyone without my permission?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that a lawyer can't reveal clients' oral or written statements, or the lawyer's statements to their clients, to anyone including prosecutors, employers, friends or even family members, without the client's consent. It doesn't matter if a client expresses his/her guilt or innocence: lawyer-client communications are confidential (but see below for an exception). Both court-appointed and private defense attorneys are equally bound to maintain client confidentiality.

If I repeat what I told my lawyer to someone else, is my conversation with my lawyer still confidential?

Defendants may waive (give up) the confidentiality of lawyer-client communications if they disclose those statements to someone else (other than a spouse because a separate privilege exists for spousal communications). Defendants may have no reasonable expectation of privacy in conversations they reveal to others.

I understand that I'm not supposed to discuss my case after I'm arrested, but is there anything wrong with talking once we're in court?

Inside a courtroom defendants shouldn't discuss their cases with witnesses, reporters, family members, or anyone else. Defendants should take special care not to say anything, even to their own lawyers, in a public place such as a bathroom or elevator where they might be overheard.

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Attorney Christine McGuire is responsible for the content of this advertisement.

Office: 303 Water Street, Suite 140 Santa Cruz, CA 95060 Phone: (831) 818-2268 / (408) 828-3319