The attorney-client privilege is one of the most coveted principles in law, as it protects confidential communications between an attorney and client. The attorney-client privilege exists to protect the relationship between an attorney and his or her clients and to encourage honest and trustworthy communications about legal matters. In South Carolina, communications between an attorney and his or her client about a case that are confidential in nature, are protected by the attorney-client privilege.
However, not all communications between an attorney and client are protected by the privilege. To be protected, the communication must be made in the scope of an attorney and client relationship, and the communication must be confidential in nature.
What Communication is Protected By the Attorney-Client Privilege?
In order for a conversation or communication to be protected by the attorney-client privilege, the communication must not be made to the attorney in the presence of strangers. The communication from the client must be given to the attorney for the purpose of obtaining from the attorney a legal opinion or legal services or assistance in a elgal proceeding.
What Communication is NOT Protected By the Attorney-Client Privilege?
The attorney-client privilege does not protect communications that are made in furtherance of criminal, tortious or fraudulent conduct.
How to Lose The Attorney-Client Privilege?
In South Carolina, if a client voluntarily gives the protected information to a thrid party, the attorney-client privilege is waived. The waiver applies to all communication regarding the same subject made by the client to the attorney.