Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Attorney-client privilege.
see privilege (s)
attorney-client privilege
The client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney. - Also termed lawyer-client privilege; client's privilege. "There are a number of ways to organize the essential elements of the attorney-client privilege to provide for an orderly analysis. One of the most popular is Wigmore's schema: '(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his capacity as such, (3) the communications relating to that purpose (4) made in confidence (5) by the client (6) are at his instance permanently protected (7) from disclosure by himself or by the legal adviser, (8) except the privilege be waived.' Though this organization has its virtues, there is some question as to whether it completely states the modern privilege." 24 Charles Alan Wright & Kenneth W. Graham, Jr., Federal Practice and Procedure § 5473, at 103-04 (1986) (quoting 8 John Henry Wigmore, Evidence § 2292, at 554 (John T. McNaughton rev., 1961). "At the present time it seems most realistic to portray the attorney-client privilege as supported in part by its traditional utilitarian justification, and in part by the integral role it is perceived to play in the adversary system itself. Our system of litigation casts the lawyer in the role of fighter for the party whom he represents. A strong tradition of loyalty attaches to the relationship of attorney and client, and this tradition would be outraged by routine examination of the lawyer as to the client's confidential disclosures regarding professional business. To the extent that the evidentiary privilege, then, is integrally related to an entire code of professional conduct, it is futile to envision drastic curtailment of the privilege without substantial modification of the underlying ethical system to which the privilege is merely ancillary." John W. Strong, McCormick ore Evidence $ 87, at 121-22 (4th ed. 1992).