Federal Decree No. (126) of 2024 Regarding the Zayed Humanitarian Heritage Foundation
November 27, 2024
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An Overview of the Attorney-Client Privilege: Knowing the Boundaries
Attorney-Client relationship is predicated on the basic norm of attorney-client privilege. This guarantees that clients can talk to their attorneys without fear of their conversations being leaked in front of others revealing their identity. This is an important parameter to preserve the justice system’s credibility. However, one should understand the limitations of binding these parameters are critical. We will try to provide an overview in this regard to go over the little details of the attorney-client privilege.
What is Attorney-Client Privilege?
This is defined as a legal concept that projects the privacy of the facts shared in the conversations between an attorney and their clients. This is protected by a few key elements:
1. Confidentiality: The communication has to be predetermined for all communications taking place within designated secure spaces.
2. Legal Advice: The conversations should be held with the intention of seeking legal guidance.
3. Attorney-Client Relationship: Attorneys and clients must have an established relationship. The privilege does not extend over to individuals who are not acting as attorneys.
What Can be Shared Under Attorney-Client Privilege?
1. Facts: Clients are open to sharing facts along with any sensitive information that can be incriminating, with their attorneys.
2. Documents: Clients can provide their documents for legal matters.
3. Strategy: The legal strategies and the potential courses of action during a legal proceeding can be discussed.
4. Opinions: The clients can seek legal guidance about the different outcomes that may occur in the possible course of action.
What Cannot Be Shared Under Attorney-Client Privilege?
1. Crime-Fraud Exception: The privilege does not extend to protecting the conversations made about a fraud or a crime.
2. Third-Party Presence: The privilege is not applicable if a third party is present during the attorney-client conversation, except when the presence is necessary, for instance, a translator.
3. Public Disclosures: If a client voluntarily discloses privilege to information in a public setting, the privilege might not apply.
Waving Attorney-Client Privilege
Clients reserve their right to waive the attorney-client privilege. However, one may understand that once the information is disclosed, the information might be used in legal proceedings against the client.
Attorney-client privilege is fundamental when it comes to protecting clients and their attorneys to communicate without hesitation. The clients feel confident in seeking legal help knowing that their conversation remain confidential. Clients, however, should be aware of exclusions and limitations, such as the crime-fraud exception, in order to avoid any such waivers. The best approach is to manage the complexity of attorney-client privilege and ensure its correct application. The integrity of this privilege is dependent upon the correct understanding of the scope and legal system as a whole.
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