The Attorney-Client Privilege
The following information applies generally to communications between lawyers and their clients. Particular questions about such communications should be directed to an ALS attorney.
The attorney-client privilege preserves the confidentiality of communications between lawyers and their clients.
For the privilege to exist, the communication must be to, from, or with an attorney. In addition, the communication must be for the purpose of requesting or receiving legal advice within the course and scope of the requester's employment, on behalf of the university. A memorandum from one administrator to another concerning a threatened legal action typically would not be privileged from discovery.
The privilege applies to individual clients and to institutions as clients. Thus, communications that university officials have with ALS attorneys, in confidence, for the purpose of seeking legal advice concerning university legal matters, can be protected by the attorney-client privilege. Such communications are privileged whether they are oral or written.
The privilege is based on several closely related policy considerations:
- clients should be encouraged to be completely truthful with their attorneys, so that the attorney's legal advice can be based on all relevant facts;
- clients will be reluctant to seek an attorney's advice if they fear that their communications will be revealed; and
- by encouraging clients' communications with their attorneys, the privilege promotes voluntary compliance with laws and regulations.
It is important to remember that confidentiality is the key to preserving the privileged nature of the communication. If the substance of the attorney-client communication is disclosed to persons outside the university -- or even to persons within the university who are not directly involved in the matter who might not be "clients" with respect to the particular communication -- the privilege may be extinguished. Do not discuss your communications with attorneys with anyone outside the university, and only with those persons inside the university who have a legitimate need to know.
If you have questions about this privilege and your or others' status as clients, please inquire during your initial consultation with an ALS attorney.