Investigators from the U.S. Attorney’s Office for the Southern District of New York recently seized materials from the offices of President Donald Trump’s personal attorney Michael Cohen. The search and the Mueller investigation have put attorney-client privilege in the news like never before. Privilege is a central component of the attorney-client relationship, and yet it is frequently misunderstood. A review of the basics can clear up much popular confusion and help us understand what privilege might mean for recent events.  

Is everything in a lawyer’s office protected by attorney-client privilege? The answer is almost always “no.” Attorney-client privilege applies to:

  1. Communications;
  2. Made for the purpose of giving or receiving legal advice:
  3. Between an attorney and a client (and no one else):
  4. Made in circumstances offering a reasonable expectation of privacy; and
  5. The attorney and client must continue to maintain the confidentiality of the communication.