the requirement that an attorney may not reveal communications, conversations and
letters between himself/ herself and his/her client, under the theory that a person
should be able to speak freely and honestly with his/her attorney without fear of
future revelation. In a trial, deposition, and written questions (interrogatories),
the attorney is required and the client is entitled to refuse to answer any question
or produce any document which was part of the attorney-client contact. The problem
sometimes arises as to whether the conversation was in an attorney-client relationship.
If a man tells his neighbor who happens to be an attorney that he embezzled funds,
is he doing so while seeking legal advice or just chatting over the fence (which
is the test)? If a document was prepared as part of the legal preparation for a
client, it usually is a "work product" and is also privileged. Similar privileges
exist between pastor and parishioner and doctor and patient.
See also attorney's work product privileged communication work product
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