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Are There Limits to Attorney/Client Privilege?

Robert Stahle • August 6, 2021
Two women are sitting next to each other in front of a window with a laptop.

The relationship between an attorney and their client is one of the strongest and most protected professional affiliations. When a client retains a defense lawyer , the attorney enters into a legally binding agreement in which they cannot share the client’s information or secrets with other people. This agreement is also known as the attorney/client privilege.

Here at Fitch & Stahle Law Office, our team of criminal attorneys understands that there are also limits to attorney/client privilege. Here is everything that Sioux City residents need to know about attorney/client privilege.

What is Attorney/Client Privilege?

Before discussing the limits of attorney/client privilege, we should first discuss what exactly it entails. The privilege applies when a potential or actual client receives legal advice from a personal injury lawyer or another type of lawyer, as long as the attorney/client relationship exists and the client intended the communication to be private and confidential. For instance, a person cannot expect there to be attorney/client privilege when asking their lawyer friend for legal advice at a party. At the time of the legal disclosure, the lawyer must be acting in a professional capacity.

If it is determined that the attorney/client privilege does exist, the lawyer cannot disclose the client’s secrets to anybody outside the law firm unless the lawyer has the client’s consent. When it comes to waiving the attorney/client privilege, only the client has the power to do so, not the attorney.

When Attorney/Client Privilege May Not Apply

The primary reason that attorney/client privilege may not be in effect is the crime-fraud exception. According to this rule, a client’s communication to their attorney isn’t privileged if they made it with the intention of committing or covering up a crime or fraud. Due to the fact that the attorney/client privilege belongs to the client, the client’s intent determines whether the exception applies. Most courts in Iowa and Nebraska will apply the exception even if the attorney had no knowledge of, and didn’t participate in, the actual fraud.

Here are some examples of where the crime-fraud exception would apply:


  • The client communicated with the lawyer with intent to further the crime or fraud or to cover it up
  • The client was in the process of committing or intended to commit a crime or fraudulent act

A Lawyer’s Obligations

In regards to attorney/client privilege, a lawyer has a few legal obligations that must be followed. They have the obligation for privacy when:


  • An actual or potential client communicates with a lawyer regarding legal advice
  • The lawyer is acting in a professional capacity
  • The client intended the communications to be private and acted accordingly

The attorney/client privilege generally stays in effect even after the client/attorney relationship ends, and even after the client dies.

Sioux City Criminal Attorneys

Here at Fitch and Stahle Law Office, we are committed to fighting for your legal rights in court, whether it’s a personal injury lawsuit or a criminal defense. For more information, contact us at 402-494-3012.

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