Attorney-Client Privilege in Illinois
Understanding Attorney-Client Privilege in Illinois: What You Need to Know
When you speak with a lawyer, you might assume that everything you say stays between the two of you. In many cases, that’s true, thanks to something called attorney-client privilege. This legal rule protects private conversations between an attorney and their client, ensuring that neither can be forced to share those discussions with others. This protection helps clients feel comfortable sharing important details, allowing lawyers to give the best possible legal advice.
However, attorney-client privilege isn’t always absolute. There are exceptions, and not every conversation with a lawyer is automatically protected. Let’s break it down.
What Is Attorney-Client Privilege?
Attorney-client privilege is one of the oldest legal protections, designed to keep private legal discussions confidential. In simple terms, when you consult a lawyer for legal advice, your discussions related to that advice are typically protected from disclosure—meaning no one else can force you or your lawyer to reveal them.
To be considered privileged, a conversation must:
Be between a client (or potential client) and an attorney
Take place in private (without third parties around)
Be focused on seeking or providing legal advice
For example, if you meet with your lawyer in their office and discuss a legal issue, that conversation is likely protected. However, if you have that same conversation in a hallway at the courthouse or another public location where others can overhear, the privilege might not apply.
What’s Not Covered?
Not every conversation with an attorney is automatically privileged. Here are some things that don’t fall under attorney-client privilege:
Casual conversations about non-legal topics (e.g., the weather, sports)
Discussions in the presence of third parties (e.g., friends or family)
General information about a lawyer’s representation, like their name or client list
Some legal discussions within corporations, where other legal or fiduciary duties may take priority
When Attorney-Client Privilege Doesn’t Apply
There are also situations where attorney-client privilege can be broken. One major exception is when a client discusses plans to commit a future crime or fraud. In some states, including Illinois, lawyers are actually required to report clients who tell them they intend to commit a crime, especially financial fraud.
Additionally, attorney-client privilege can be waived, meaning it no longer applies. This can happen if a client or attorney accidentally shares private legal discussions with others. For example, forwarding an email from your lawyer to a friend or posting about legal advice on social media could remove the privilege.
Why This Matters
Understanding attorney-client privilege helps you communicate effectively and securely with your lawyer. If you’re seeking legal advice, make sure your conversations stay private and focused on legal matters to ensure they’re protected. And remember—while lawyers are there to help, they can’t keep discussions about future crimes secret.
If you’re ever unsure about what’s covered under attorney-client privilege, Libertyville based Attorney Alan Lenczycki can clarify how it applies to your situation. Give him a call for a free condfidential initial consultation to further discuss your Illinois criminal defense or family law case.
