Are conversations with my lawyer actually confidential?
One of the most common concerns people have before speaking with a lawyer is whether what they share will remain confidential. The short answer is yes. This is known as client privilege. Lawyers are generally prohibited from sharing what you tell them, as confidentiality is a fundamental part of the relationship between a lawyer and their client.
This protection is known as client privilege and is primarily used to maintain the confidentiality of communication. Many clients believe that revealing unlawful behaviour will get them in trouble. However, this allows lawyers to assess the matter accurately without compromising the clients interest.
What is client privilege?
Client privilege is a fundamental common law right that belongs to the client. This prevents the disclosure of all legal advice, as well as current and future litigation communication.
In simple terms, it means:
- Your lawyer cannot disclose what you reveal to them.
- The court cannot force your lawyer to reveal confidential information.
- The protection is in place to ensure you can speak freely and receive accurate advice.
What is protected by client privilege?
Generally, client legal privilege covers:
- What you tell your lawyer during meetings.
- Emails, letters, and other correspondence between you and your lawyer.
- Conversation during the first consultation, even if you don’t hire the lawyer.
How courts decide if a communication is privileged: The dominant purpose test.
When a communication serves more than one purpose, courts apply the dominant purpose test to determine its legal character.
Courts consider the following when assessing the dominant purpose:
- The purpose for which the communication was created.
- Whether the entire communication has the same purpose.
- The role of the person giving the advice.
- The intention of the communication.
Does the privilege apply during a free first consultation?
Yes, client legal privilege does apply during a free initial consultation at the Australian Criminal Law Group. This allows you to speak openly from the very first meeting.
At Australian Criminal Law Group we offer a first free consultation. This is a great opportunity to meet one of our experienced and proven criminal lawyers face to face, share the details about your case, and to ask any questions you might have. All first free consultations are obligation-free and conducted with the strictest confidentiality. You can read more about our first free consultation here.
Our team of criminal lawyers has 500+ 5-star reviews on Google and has 60 years of combined experience, with each lawyer having between 5 and 20 years of criminal law experience.
You can read our reviews here.
Contact us now for a free first consultation.