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Attorney-client privilege and confidentiality, explained

What you tell a lawyer is protected, within limits. Here is what privilege and confidentiality cover, and the common ways people accidentally lose protection. 4 min read

To give good advice, lawyers need the whole story, including the unflattering parts. The law encourages that honesty with two related protections: attorney-client privilege and the lawyer's duty of confidentiality.

Attorney-client privilege

The privilege is a rule of evidence. It generally prevents your confidential communications with your lawyer, made to get legal advice, from being used as evidence or disclosed in court, unless you agree. It covers what you tell the lawyer and the advice they give you. It does not cover underlying facts: you can't hide a fact by telling it to your lawyer, but the conversation itself is protected.

The duty of confidentiality

Separately, ethics rules require lawyers to keep information about your representation confidential, whatever the source. This is broader than the privilege and applies outside court too. A lawyer can't share your information with others except with your permission or in limited situations the rules allow.

Before you hire them

Confidentiality generally also covers what you tell a lawyer in a consultation about possibly hiring them, even if you don't hire them. Still, share only what the lawyer needs to judge whether they can help until you've agreed to work together.

Common ways protection is lost

Bringing others into the conversation. A friend or relative sitting in on the meeting may break the confidentiality needed for the privilege. Ask the lawyer first; interpreters and some assistants are usually fine.
Forwarding the advice. Sharing your lawyer's emails or letters with third parties can waive the privilege.
Using a work email or computer. If your employer can read your work account, messages to your lawyer there may not be confidential. Use a personal account and device.
Posting about the case on social media.

Exceptions

The privilege doesn't protect communications made to plan or carry out a future crime or fraud. Ethics rules also allow, and sometimes require, a lawyer to reveal information to prevent certain serious harms. These exceptions are narrow; ask your lawyer how they apply.

Businesses

When a company is the client, the privilege belongs to the company, not to individual employees. If a company lawyer interviews you as an employee, they represent the company, and the company can decide to waive the privilege.

Related guides

This guide is general information, not legal advice, and laws differ from state to state. For advice about your situation, talk to a lawyer licensed in your state. Last reviewed November 4, 2026.