The attorney-client privilege is a legal principle that protects confidential communications between an attorney and their client from disclosure without the client’s consent. This privilege is critical for ensuring open and honest communication, allowing attorneys to provide effective legal advice. At the University of Iowa, this privilege applies to communications between the Office of the General Counsel and university administrators, faculty, and staff, when acting in their official capacities.
Key Principles:
- Confidentiality: Communications must be intended to remain confidential and made for the purpose of seeking or providing legal advice. The privilege applies to both written and oral communications.
- Protected Communications: Only communications between the attorney and the client are protected. The presence of third parties can waive the privilege unless they are necessary for the communication (e.g., interpreters, experts).
- Limitations: The privilege does not apply to communications made in the presence of individuals who are not part of the attorney-client relationship. It does not protect communications made for the purpose of committing a crime or fraud.
- Waiver of Privilege: The privilege can be waived if the client discloses the communication to third parties. Take care not to unintentionally waive the privilege by sharing privileged information with individuals who do not need to know.
- Documentation: Clearly mark all privileged communications with “Attorney-Client Privileged” or similar language. Keep records secure to prevent unauthorized access.
- Responsibilities: University personnel should consult the Office of the General Counsel before sharing any legal advice or privileged communications. Any questions regarding the scope or application of the privilege should be directed to our office.
The attorney-client privilege is vital for the effective management of the University of Iowa’s legal affairs. By following these guidelines, communications can remain protected, ensuring the university receives candid legal advice. For further information or clarification, please contact our office.