The attorney-client privilege is a rule that preserves the confidentiality of communications between attorneys and clients when the purpose of the communication is the client seeking legal advice and the attorney giving legal advice. The rule provides that attorneys may not disclose such communications, and opposing parties in civil litigation, criminal litigation, or other legal proceedings may not compel the disclosure of such communications. The privilege is designed to allow clients to openly share information with their attorney so the attorney can provide the most effective adv ice and representation possible.
In Tennessee, the attorney-client privilege is codified under Tennessee Rule of Evidence 503. This rule protects the confidentiality of communications between attorneys and their clients when the purpose of the communication is for the client to seek, and the attorney to provide, legal advice. The privilege ensures that attorneys cannot be compelled to disclose these communications in civil, criminal, or other legal proceedings, and it also prevents clients from being forced to testify about them. The intent behind this privilege is to encourage full and frank communication between clients and their attorneys, enabling attorneys to offer informed and effective representation. It is important to note that the privilege applies only to confidential communications and does not cover information that is already public or that the client has shared in a non-confidential context. Additionally, there are certain exceptions to the privilege, such as the crime-fraud exception, where communications made with the intent to commit or cover up a crime or fraud are not protected.