What is attorney-client privilege in civil law?
Attorney-client privilege in civil law is a legal concept that protects certain confidential communications between a lawyer and his or her client from disclosure to other parties. It gives the client the assurance that he or she can freely discuss matters with their attorney without fear of those communications becoming known by third parties. The privilege exists so that individuals and businesses can openly discuss sensitive or confidential topics with their attorney without fear of being judged or exposed. In South Dakota, attorney-client privilege is codified under state law in SDCL 19-13-29. The person claiming the privilege is usually the client, but in some circumstances, the attorney may also be able to claim the privilege. It is important to note that the privilege only applies when the communication is made in confidence and not for the purpose of furthering a crime or fraud. Furthermore, the communication must be made to the lawyer in his/her capacity as a lawyer. Privileged communications remain confidential even after the attorney-client relationship has ended. In South Dakota, the privilege extends to communications between the lawyer and the client’s representatives. It also extends to non-lawyers, such as accountants, who act in conjunction with the attorney in connection with a client’s legal matters. The attorney-client privilege is an important element of civil law, and it is essential that people understand and value its protections in order to ensure fair and confidential legal representation.
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