Attorney-Client Privilege
Few legal principles are more important to the criminal defense lawyer and his client than the
attorney-client privilege. This very important principle is the hallmark of trust and an open line of communication between me and my clients. Put in more simple terms – the attorney-client privilege allows you, the client, to tell me anything you want to about your legal situation (with very few exceptions), without fear that it will be used against you later in court.
We all have heard, at least on T.V., the basic Miranda Rights that are given to a suspect under arrest by the stuffy looking cop: "You have the right to remain silent. Anything you say can and will be used against you in a court of law." This bit of sage advice from the cop is completely true – EXCEPT – when you are speaking to me – your lawyer.
It is vitally important to your legal situation that you not discuss your case with ANYONE except your lawyer. I cannot protect what you say to your family or friends or even your significant other. But I can protect anything you tell me as your lawyer.
One very notable exception to the protection afforded by the attorney-client privilege is called the crime or fraud exception. This simply means that as your lawyer, I cannot assist someone commit a crime or help them cover it up after the fact. Put in another way: I cannot help someone kill another or help them dispose of the body. But I can be told everything about the alleged crime after it was committed in order to help my client mount a viable defense.
The bottom-line to the attorney-client privilege is that as your attorney, I want you to understand that anything you tell me, excluding information that falls under the noted exception above, is told to me strict confidence. I cannot tell anyone anything about what is said to me by you, my client. No greater privilege is more important than the attorney-client privilege.
As always, if you have any questions or comments about the information in this article, please contact William K. Bulmer II, Minneapolis Criminal Defense Lawyer, directly at 612-384-7003.