Certified Fraud Examiner Practice

Attorney-client privilege applies in the context of confidential communications between a client and their attorney. This legal concept is designed to encourage open and honest communication, allowing clients to disclose information freely without fear that it will be revealed to others. For the privilege to be invoked, specific criteria must be met: there must be a communication that is intended to be private and confidential, it must be made by a client seeking legal advice, and it should involve an attorney acting in their professional capacity.

The nature of the communication is crucial; if the communication is not confidential, as in the case where it is public, or if legal advice is not actually sought, the privilege cannot be applied. Additionally, if a client chooses not to share information, this situation does not establish the privilege either, since the communication must occur for the privilege to be relevant. Recognizing the boundaries of this privilege is essential for understanding how legal counsel is effectively protected under the law.