Who holds the attorney-client privilege?

The attorney-client privilege is a legal principle that protects the confidentiality of communications between a client and their attorney. The privilege is designed to encourage open and honest communication between clients and their legal representatives, allowing clients to fully disclose relevant information without fear that it will be used against them in a court of law.

The privilege is held solely by the client. This means that it is the client who has the right to assert or waive the privilege; they can choose to disclose the information if they wish but cannot be compelled to do so without their consent. The attorney maintains confidentiality as part of their professional obligations, but it is the client who ultimately controls the privilege.

This principle is essential because it underscores the importance of protecting client autonomy and ensuring that clients feel secure in sharing sensitive information with their legal counsel. Without this trust, clients may hesitate to provide necessary details that could impact their legal representation and outcomes.

Because of this foundational aspect, the notion that both the client and attorney equally hold the privilege or that only the attorney holds it is incorrect. Likewise, the court does not hold the privilege; rather, courts are responsible for ensuring that it is respected and upheld, intervening only when there is a dispute about the privilege's applicability.