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When Does the Attorney-Client Privilege Apply?

  • Find out when the information you tell a Minnesota DUI lawyer is protected by this important right.
  • And find out in which situations the Attorney-Client Privilege does not attach.
Did you know that if something you say can be overheard by anyone other than your lawyer, what you are saying can be used against you? Did you know that email is not automatically confidential – even if you’re sending the e-mail to your lawyer?


The attorney-client privilege is a powerful tool that becomes available to you from the moment you first consult with an attorney about your case; the privilege becomes more protective and comprehensive as soon as you hire your attorney.


The attorney-client privilege basically states that anything you tell your lawyer in the course of your lawyer’s representation of you is confidential and cannot be revealed by your lawyer to anyone without your consent. The attorney-client privilege also applies to all information relating to your representation, whether provided to you attorney by you or by any other source – including the prosecutor. This privilege exists because the law recognizes that trust is a hallmark of the attorney-client relationship and that only through communicating fully and frankly with his or her attorney can an attorney represent his or her client effectively.


When you are communicating with an attorney about your case, if your conversation can be overheard, it is not confidential. This is why Kans Law Firm recommends that you don’t speak to your friends and family about the facts of your case – because you never know who else could hear your conversation, or where that information could end up. This is also why we prefer to speak with you on the phone or in our office: Telephone conversations and in-person office conversations ARE confidential, privileged communications and CANNOT be used against you.


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