Most people are aware of something called the attorney-client privilege, but not everyone understands the details. If you hire an Indiana criminal lawyer, when does the attorney-client privilege begin, and what sorts of things does it include?
When you’re in a situation that might require legal counsel, it’s important to understand the meaning of attorney-client privilege. This blog will address how the privilege works, when there are exceptions in play, and how the attorney-client privilege applies from the first point of contact with an Indiana criminal lawyer.
The Basics of Attorney-Client Privilege
At its core, the attorney-client privilege is a legal concept that keeps communications between a lawyer and their client secret. This long-standing principle is actually part of the Indiana Code, which declares that attorneys shall not be required to testify regarding confidential communications made to them in the course of their professional business, and as to advice given in such cases.
In other words, the moment you pick up the phone to seek guidance from an attorney, the privilege is in effect. This means that anything you discuss with your lawyer remains confidential and protected from disclosure to third parties.
The privilege stands as a testament to the candid and transparent environment needed for effective legal representation, which is statutorily recognized alongside similar privileges for:
- physicians and their patients;
- clergymen (or clergy women) and their advisees; and
- married couples.
Exceptions You Should Know About
While the bedrock of the attorney-client privilege is confidentiality, there are notable exceptions to this rule:
- Intent to commit a crime: If a client discloses to their attorney that they’re intending to commit a future crime—especially one involving violence—the attorney may be obligated to report this to the authorities. In situations where the lawyer is in a position to prevent a violent crime from occurring, public safety is more important than confidentiality.
- Fraud: If a client intends to perpetrate fraud or involve the attorney in fraudulent activities, the attorney likewise has a duty to report this. This exception serves as a safety valve within the legal system to deter misuse of the privilege.
Confidentiality is both valuable to the individual and valued by our society, but you’re not allowed to weaponize secrecy for unlawful purposes.
A Bit of Free Legal Advice
For criminal defendants, it’s vitally important to speak to an experienced Indiana criminal lawyer as soon as possible. When you do, you need to be forthright with them about the facts. The only way an attorney can effectively evaluate and manage your case is if they are fully informed of all the relevant details.
Concealing information—or even worse, being untruthful—can have adverse effects later on in the legal process. Getting away with something today does not mean you’re going to get away with it forever. Dishonesty can affect both your personal reputation and your attorney’s ability to provide the best possible defense.
Don’t Delay, Reach Out Today
The attorney-client privilege is a helpful tool—it exists to ensure that you can speak openly about sensitive information. It’s imperative, however, for criminal defendants to understand this privilege. It has its limits like anything else, and it doesn’t apply in all situations.
If you’re looking to understand your rights in more detail or simply need some sound legal advice, reaching out to an attorney sooner is always better than waiting until later. The Marc Lopez Law Firm deals with criminal law every day, and we understand the difference between privileged and unprivileged communications.
Don’t just hope for the best. Give us a call at 317-632-3642 and remember—always plead the 5th!
