If you have been charged with a crime in Maryland, your conversations with a criminal defense attorney will involve sensitive information that must be kept private. In many situations, communications between an attorney and client will be kept private under attorney-client privilege. Attorney-client privilege is a fundamental rule of law that dates back many centuries. The privilege rule helps clients share the information they need with their lawyer and discuss sensitive matters – without worrying about those details being shared. Attorney-client privilege also helps lawyers give the best advice they can and represent their clients effectively. How does attorney-client privilege work? The rules are not always simple, and there will be exceptions to the privilege rule in some situations. Here, we will go over how attorney-client privilege works in Maryland.
Definition of Attorney-Client Privilege
When someone communicates with a lawyer for the purpose of legal advice, any such communications can be kept confidential under attorney-client privilege. This applies to communications whether they are verbal, written, or electronically shared. Privileged communications are protected from disclosure to others unless the privilege is waived. To be protected, attorney-client communications must be private and must relate to the purpose of receiving or sharing legal advice. A meeting with a lawyer behind closed doors at the attorney’s office about your case, for example, shields the conversation under the privilege rule. A conversation with your lawyer at a golf course with others around, however, would generally not be privileged communication. Attorney-client confidentiality is the key element of this privilege. If third parties are included in the communication, any privilege could be permanently waived. This is true not only if another person was present for the discussion and if anyone else was copied on an email or letter. Another key to remember is that attorney-client privilege covers information about your case but not necessarily all communications. Talks with your attorney about topics irrelevant to your case are not privileged communications under the law and don’t shield all communications as attorney-client privilege.
Attorney-Client Privilege Exceptions
In a meeting with a criminal defense lawyer to discuss the case, a client should be able to freely talk about what happened, what their theories are, and discuss the case strategy. Without some expectation of confidentiality, a lawyer and client cannot move forward with an effective defense strategy. The attorney-client privilege protects clients from having their private statements turned over to the prosecution and used against them. The privilege thus protects a defendant’s Constitutional right to a fair trial. Some topics can fall outside of the privilege, however. Under Maryland’s Rules of Professional Conduct covering attorney-client privilege, a lawyer may reveal information related to the representation of a client:
- To prevent the risk of death or bodily harm when threats are made
- To prevent a substantial act of crime or fraud against others
- To prevent or lessen the risks of financial or property loss to others
- To address disputes between the attorney and client if the client alleges wrongdoing.
It is a myth that all talks between a lawyer and client are privileged and that disclosing criminal plans in a lawyer’s office shields the conversation from being shared. A lawyer or client can mistakenly waive attorney-client privilege by sharing communications that are otherwise privileged. Common mistakes include sharing documents that include privileged information or sharing information online that breaks the bond of attorney-client privilege.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
Attorney-client privilege is a time-honored legal rule that protects the rights of criminal defendants in DUI, assault, drug crimes, and other cases. Without it, clients would not feel comfortable sharing information with their attorneys, and lawyers would be unable to vigorously defend their clients without information. However, attorney-client privilege is not absolute, and clients must be aware of exceptions to the privilege rule.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys – Lanham Office
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Frederick Office
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Rockville Office
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7