Communications between you and your attorney are confidential and are thus protected from disclosure. Many consider lawyers to be part counselor and part therapist because, like doctors, psychologists, psychiatrists, and members of the clergy, lawyers are under an obligation of confidentiality.

Normally an attorney will not divulge, and cannot be compelled to disclose, communications between his/her clients. Courts of law respect this privilege because they want to encourage full and open communications between the parties.

Without this privilege, attorneys cannot properly advise their clients unless they know all the facts. And, clients may not want to reveal embarrassing or incriminating facts unless they know the information will not be distributed.

Requirements of Privilege
An individual cannot invoke the attorney-client privilege unless there is an attorney-client relationship. An attorney-client relationship is almost always established when someone:

• Consults an attorney to retain his or her services
• Consults an attorney to obtain legal advice

The attorney must be authorized to practice law, or reasonably believed to be authorized to practice law. But the relationship can be established without reaching a fee agreement and the privilege continues well after the relationship ends.

Punishment for Violating Privilege
Attorneys hold the confidentiality privilege in such high esteem that if they violate it, they can face serious punishment. They can be fined, censured, and in some cases, disbarred by their state's legal disiplinary authority. In some cases, civil lawsuits may also result from violating attorney-client privilege