In general, the attorney-client privilege means that confidential communications between an attorney and a client or prospective client cannot be shared by the attorney with anyone. Houston attorneys at Vinas & Graham, PLLC, know that client consultations are privileged, and with limited exceptions, they cannot reveal any confidential discussions.
Even if you meet with an attorney to talk about your case, whether it be state or federal, and do not ultimately hire that attorney to defend you, the attorney is still required to keep the communications about your case confidential. However, there are exceptions to the attorney-client privilege discussed in more detail below.
When An Attorney May Reveal Confidential Communication
In general, there are two times that an attorney may or must reveal information you have discussed in confidence. The first is when you waive the privilege; in other words, if you give your attorney permission to share the confidential communications. The privilege belongs to the client, which means that your attorney must keep all of your communications confidential unless you waive your attorney-client privilege.
The only other time an attorney can reveal something you have told them is if you are about to commit a crime. If a client reports to his attorney that they are about to commit a crime, that communication falls under the future crimes exception to attorney-client privilege. The attorney can, but does not have to report the communication to anyone.
How Communications With Your Attorney Can Impact Your Legal Representation
Although your attorney must keep your communications private, they cannot let you testify to something they know is a lie. Therefore, if you tell your attorney you committed a crime, your attorney cannot put you on the stand, knowing that you are going to lie. However, under the 5th amendment, defendants have the right to remain silent.
Defendants often do not take the stand at trial, but their attorneys can still provide them with a good defense. Even if you do not take the stand to defend the allegations against you, your attorney can advocate for you with common defense tactics. For example, your attorney might offer evidence that shows holes and inconsistencies in the prosecutor’s case or that law enforcement officers violated your constitutional rights.
How Attorney-Client Privilege Can Help You
Many attorneys agree that they cannot provide you with the best defense possible unless you share all of the facts with them, including those that might harm your case. Attorneys have a duty to zealously represent every client in every case. When your attorney knows all of the facts, including those that help and hurt your case, they can avoid being surprised at trial with damaging evidence and prepare your defense accordingly.
Contact A Houston Representative To Discuss Attorney-Client Privilege
If you have questions about attorney-client privilege and what information you should share with your attorney, contact a Houston legal representative to discuss your rights and best interests. At Vinas & Graham, PLLC, our attorneys understand that you may have concerns about your case and what kind of information you should reveal to your legal counsel, and they can help.
Contact our office at 713-229-9992 or here for a confidential consultation. Follow our Facebook page to learn more about our law firm and how we can help with any criminal matters you might be facing.
