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5.3

Attorney/Client Privilege

This chapter will give the public a better understanding of
what attorney/client privilege is, the reason for it, and why it
was created. It will also explain what breaches the privilege
between the attorney, and client and further explain why all
communications between attorney and client are not privileged
and how that privilege is lost.
An attorney is identified as: a person authorized, or rea-
sonably believed by the client to be authorized to practice law
in any state or nation. Evid Code section 950. Client means: a
person who, directly or through an authorized representative,
consults a lawyer for the purpose of retaining the lawyer or
securing legal services or advice from him in his professional
capacity... Evidence Code section 951.
The attorney/client privilege was created in the eighteenth
and nineteenth century for the purpose of protecting commu-
nications between the attorney and client, and client secrets.
It allowed such communications to be kept in confidence so
that the attorney could give reasonably informed professional
advice. The assumption for the privilege is that the client will
be more open and honest with the lawyer if it is known that
their communication cannot be used against them. Also, the
more open and honest the client is with the lawyer concern-
ing all the facts, the lawyer can better assist in offering legal
advice. This allows the client to communicate to his lawyer in
confidence. The lawyer must take all steps necessary to main-
tain that confidence.

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