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Attorney-Client Confidentiality

Attorney-client confidentiality is a legal concept that was created to protect certain communications or conversations between a client and his or her attorney in which they have chosen to represent them. These communications are meant to be kept confidential between both parties. So even if a lawyer is representing a person, and him or her openly admits to committing a crime, its still up to the lawyer to prove his or her innocence. The attorney-client privilege is recognized as one of the oldest and most recognized privileges for confidential communications. The United States Supreme Court has always stated that by assuring confidentiality the privilege encourages clients to make complete and truthful disclosures to his or her attorneys, who are then in better positions to be able to provide the best advice and the most effective representation in their defense. In majority of cases, the determination that the attorney-client relationship exists is not a difficult process. “Assume that the attorney-client relationship is well-established, is every communication protected? That also depends. The basic attorney-client privilege protects client communications with the attorney. It also extends to responsive communications from the lawyer to the client. However, the communication need not be as evident as an oral or written action. On the contrary, the slightest action or inaction, such as an affirmative nod or complete silence, may constitute a communication”, United States v. Andrus, 775 F.2d 825, 852 (7th Cir. 1895) (holding that in a criminal case, silence may constitute an admission of guilt).

Reference United States v. Andrus, 775 F.2d 825, 852 (7th Cir. 1895) (holding that in a criminal case, silence may constitute an admission of guilt).

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