Attorney-Client Privilege

Last Updated: January 14, 2026

What is Attorney-Client Privilege?

Attorney-client privilege is a legal doctrine that protects confidential communications between a client and their attorney from being disclosed without the client's permission. This protection applies to:

• Oral communications during consultations
• Written communications (emails, letters, documents)
• Electronic communications and text messages
• Case-related information and documents
• Legal advice and strategy discussions

Scope of Protection

Protected Communications

The privilege covers communications that are:

• Made between attorney and client (or their representatives)
• Intended to be confidential
• For the purpose of seeking or providing legal advice
• Not disclosed to third parties without privilege waiver

What is NOT Protected

The privilege does not protect:

• Communications made in the presence of third parties
• Information shared with friends, family, or business associates
• Future crimes or ongoing illegal activities
• Factual information that exists independently of the communication
• Communications after the attorney-client relationship ends

Maintaining Confidentiality

Your Responsibilities

To maintain attorney-client privilege:

• Communicate directly with your attorney
• Avoid discussing case details with others
• Use secure communication methods when possible
• Inform your attorney if privilege may be compromised
• Be cautious about social media posts related to your case

Our Commitment

The Law Office of Marie Guerrier Allen is committed to:

• Maintaining strict confidentiality of all client communications
• Using secure systems for storing case information
• Training staff on confidentiality requirements
• Following Missouri Rules of Professional Conduct
• Protecting your privacy at all times

Waiver of Privilege

Attorney-client privilege can be waived if:

• The client voluntarily discloses privileged information
• The client puts the communication at issue in a legal proceeding
• A third party is present during the communication
• The communication is shared with unauthorized persons

Common Law vs. Statutory Privilege

In Missouri, attorney-client privilege is recognized through both common law and statutory provisions. This dual recognition provides strong protection for confidential legal communications.

Work Product Doctrine

Related to attorney-client privilege, the work product doctrine protects:

• Legal research and analysis
• Case strategy and mental impressions
• Prepared documents and correspondence
• Investigation notes and summaries

Corporate and Entity Clients

For business entities, attorney-client privilege extends to:

• Communications with authorized representatives
• Officers, directors, and employees acting on behalf of the entity
• Communications made for seeking legal advice for the entity

Electronic Communications

Modern technology creates additional considerations:

• Email communications are generally privileged
• Text messages may be protected if confidential
• Cloud storage must maintain security protocols
• Be cautious about using public or shared devices

Exceptions to Privilege

Privilege may not apply in certain situations:

• Crime-fraud exception (preventing future crimes)
• Disputes between attorney and client
• Malpractice claims against the attorney
• Court-ordered disclosures in specific circumstances

International Considerations

For clients with international interests, be aware that:

• Privilege laws vary by country
• International communications may have different protections
• Cross-border data transfers require careful consideration

Contact Us

If you have questions about attorney-client privilege or wish to discuss your case confidentially, please contact us: