Attorney-Client Privilege in Illinois

The sanctity of the attorney-client relationship stands as a cornerstone. This privilege safeguards the rights, interests, and confidentiality of those seeking legal counsel. Illinois Rule of Professional Conduct 1.6 ensures the confidentiality of communications between attorneys and their clients. The rules of professional conduct underpin the significance of the attorney-client relationship and the delicate nature of confidentiality.

Illinois Rule of Professional Conduct 1.6

The attorney-client relationship is trust, confidentiality, and fiduciary duty. Clients should confide in their attorneys, needing to disclose sensitive information for the best possible outcome. Illinois enshrined into law, the attorney-client privilege because of it’s importance. Rule 1.6 says that attorneys must not reveal information relating to the representation of a client unless authorized or required by law. This rule forms the bedrock of client confidentiality. It fosters an environment where individuals can seek legal guidance without fear of disclosure.

Attorney-client privilege under Rule 1.6 extends to a breadth of communications between attorney and client. The rule encompasses not only verbal discussions but also written correspondence. It goes so far as to include non-verbal expressions of intent. Rule 1.6 allows clients to feel secure knowing their disclosures are shielded from prying eyes. By opening an honest dialogue, Rule 1.6 allows for true effective legal representation.

Exceptions of Attorney-Client Privilege

The privilege granted by Rule 1.6 is not absolute. It can be subject to exceptions. Understanding the exceptions preserves confidentiality. Chiefly, it avoids inadvertent breaches. Communications made in furtherance of a crime or fraud, do not enjoy the protection of privilege. An attorney may be compelled to disclose information. This would happen to prevent harm if a client discloses their intention to commit a crime.

Other exceptions to attorney-client privilege come in the form of waiver. Privilege is waived when the client consents to disclosure. Waiver can be implicit. Implicit waiver is communications made in the presence of third parties. Careful marking of the boundaries of attorney-client privilege is essential. By creating boundaries, a client can be confident in the integrity of the attorney-client relationship.

Breach of Attorney-Client Privilege

The repercussions are profound in the event of a breach of confidentiality to the attorney-client communications. A breach of this duty on the part of a client may waive the privilege. But a breach of duty on the party of the attorney may lead to disbarment. Not only does a breach undermine the trust between attorney and client, but it jeopardizes the client’s case. It is an attorney’s responsibility to exercise utmost diligence in preserving client confidences. A good attorney will adhere to the strictures of Rule 1.6.

The principles of trust, confidentiality, and fidelity underpin attorney-client relationship. The legal profession would come to a standstill without these principles in place. In Illinois, Rule 1.6 serves as a bulwark. It safeguards the sanctity of client confidences. It ensures open and candid communication between attorney and client. Attorneys can fulfill their ethical obligations by upholding the tenets of confidentiality. The attorneys at Lafata Law understand the importance of attorney-client privilege. Contact our attorneys at 630-481-6633 to schedule a free consultation. We will discuss the details of your situation and explain how we can help with your legal needs.