When does attorney-client privilege start? How long does it last? What happens if the confidentiality of a client's information is not carefully maintained?
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The attorney-client privilege comes into existence the moment a client communicates with an attorney concerning a legal matter. The privilegeâ€" and thus
the duty of confidentialityâ€"arises even if the lawyer decides not to represent the client and even when the client is not charged any fee.
The client is the holder, or "owner," of the privilege, and only the client can waive (set aside) the privilege. Unless waived by the client, the privilege lasts indefinitely. In other words, the privilege continues even though the attorney has completed the client's legal matter and is no longer working on the case.
Privileged information is confidential information. If such information is disclosed to others, it is no longer confidential and can no longer be considered privileged information. This is another reason why it is so important to guard against accidental violations of the confidentiality rule: If the rule is violated, information that otherwise might have been protected by the attorney-client privilege can be used in court, which may be harmful to the client's interests.
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