Privilegedcommunication is the private communication kept in confidence by boththe communicator and receipt. The attorney-client relationshipaffords an invaluable communication right and do not discloseinformation to the third party including government agencies,business associates, or criminal justice authorities. The privilegedcommunication ensures that the person who seeks advice from a lawyeris free that his or her secrets and will be exposed. Therefore, oneof the principles of privileged communication is to provide a legaladvice and advocacy. The client speaks freely to the legal counseland discloses all relevant information, and creating a privacy zonewith the attorney. The client speaks out to the attorney things thatare suppressing shielded by privilege. According to Weinberg(2007),privileged communication applies only if the asserted holder ofprivilege is the client and the person whom the communication isgiven (the attorney) is a member of the bar court, a subordinate, ora lawyer. The communication concern different issues given by theclient in absence of strangers. Some of the issues are to seek lawopinion, legal services, or seek assistance in legal proceeding.
Theattorney-client privilege has four basic elements communication, twoprivileged people, confidence, and purpose to seek, obtain, orprovide legal assistance. In normal circumstances, the client holdsall the privilege and has the ultimate authority to waive or assertit. The attorney may disclose the information to the third party whenthe client does not want the communication to be confidential (Smith,Gambrell, and Russell, 2003). At this time, a third party member maybe invited. Unfortunately, this dismisses the attorney-clientprivilege. In other circumstances, the privilege communication may belinked to the third party through careless, inadvertent, orunintentional disclosure by the attorney.
Smith,Gambrell & Russell, LLP. (2003, January 1). Retrieved November26, 2014, fromhttp://www.sgrlaw.com/resources/trust_the_leaders/leaders_issues/ttl5/916/
Weinberg,R. (2007). Confidentialand other privileged communication,.Dobbs Ferry, N.Y.: Oceana Publications.