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 Texas, the attorney-client privilege is codified under the Texas Rules of Evidence, Rule 503. This rule protects confidential communications between a client and their attorney, ensuring that any information exchanged for the purpose of obtaining or providing legal advice remains private. The privilege applies to both verbal and written communications and extends to prevent attorneys from testifying about these communications in court, as well as protecting against their disclosure by the client or the attorney. However, there are exceptions to this privilege, such as when the communication relates to a future crime or fraud or if the client waives the privilege. The privilege survives the end of the attorney-client relationship and even the death of the client. It is a cornerstone of the legal system in Texas, as it encourages full and frank communication between clients and their attorneys, which is essential for effective legal representation.