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What are the three elements of the attorney-client privilege?
A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.
What are the three elements of attorney-client privilege?
Although the precise definition of attorneyclient privilege varies among state and federal courts, there are four basic elements to establish attorneyclient privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal
What type of information is not protected by attorney-client privilege?
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.
Is attorney work product privileged or confidential?
The protection ed attorney work product is technically not a privilege. However, the protection is much broader than the attorney-client privilege. Work product often overlaps with privileged communications, confidential information, and information subject to client privacy rights.
What are the 5 Cs of attorney-client privilege?
The attorney-client privilege in the United States is often defined by reference to the 5 Cs: (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.
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a communication; made between privileged persons; in confidence; and. for the purpose of seeking, obtaining, or providing legal assistance to the client.
What are the elements of federal attorney-client privilege?
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
Related links
Exemption 5
Exemption 5 of the federal Freedom of Information Act covers multiple privileges, including those that protect an attorneys work product, attorney-client
Attorney-Client Privilege and Work Product Doctrine
Attorney-Client Privilege. What is Privileged? Oral or written communications with your client. Memorializations of oral communications with your client.
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