Federal Rules on Attorney Client Privilege
The attorney-client privilege is one of the most sacred professional relationships in the United States. Privileged information cannot be given out to third parties during discovery, which is a phase of a case before the trial begins in court. The privilege exists in order to foster trust between the attorney and the client. A client must be able to trust his attorney and not fear that the attorney will divulge certain information about him. This privilege also enables a client to be completely honest with his attorney. The attorney-client privilege is addressed in the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
Federal Rules of Civil Procedure Rule 26(b)(3)(A)
In general, information that is prepared for the purpose of a court case is not discoverable, which means that it cannot be turned over to the opposing party for her inspection. This includes information that is privileged that a client told her attorney. This applies to any documents that are created by a party, her attorney, or any agent of the party. This is not a complete protection from discovery, however, because this information can be disclosed if a judge determines that the other party absolutely must have the information to move forward with the case.
Federal Rules of Civil Procedure Rule 26(b)(3)(B)
Another type of information that falls under the attorney-client privilege that is protected from discovery is the various thoughts and trial strategies of the attorney. This includes any information that a client tells her attorney during any meeting, especially if it helps the attorney create a trial strategy. This type of information, unlike the information in Rule 26(b)(3)(A), is absolutely protected from discovery.
Federal Rules of Evidence Rule 502
According to the Federal Rules of Evidence, there are two specific types of attorney-client privileged information: "attorney-client privilege" information and "work-product" information. "Attorney-client privilege" information is what can be understood as the standard "confidential" information or communications. Any information that the client gives to an attorney must be kept secret. In fact, in most instances, it should be kept secret that an attorney is representing a particular person. The attorney should not disclose the facts of a case in such a way that another person could discern who the client is. There is also attorney "work-product," which is any information that results from an attorney's case preparation. This information cannot be divulged to others, particularly the opposing party. This information is virtually the same as the information described in Federal Rule of Civil Procedure Rule 26(b)(3)(B).
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