Must knows about Attorney - Client Privilege

Updated: Mar 14, 2020

Many things fall under the umbrella of attorney client privilege. The conversations you have with your attorney and the advice they give you is protected. RCW 5.60.060(2)(a) states, "An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment. Work product is similarly protected. If asked to testify about these conversations then your attorney would claim the privilege.

But be careful, because if your communication is public, or said in front of a third party then that communication is likely no longer privileged. In addition, the privilege does not create a cloak of secrecy for you or your attorney. Your attorney will not assist you in effects to conceal assets or make other inaccurate representations.

If your attorney is asked to testify against you as a witness about non-privileged communications. Then it is likely that your attorney will withdraw as your counsel, which may be a predicament for your case. Before communicating with the other party, speak to an attorney first, especially communicating anything by writing.