FAQ - Lawyer-Client Privilege
As with the spousal privilege, a lawyer or his client may refuse to disclose or prohibit the disclosure of confidential communications that were made for the purpose of “facilitating the rendition of professional legal services” to the client. This, more broadly than the spousal privilege, also includes “perceptions and observations of the mental, emotional, or physical condition of the client.” (La CE Art. 506).
The privilege does not just apply to the lawyer if she has employees or other people assisting with the representation. The privilege established in Article 506 extends to communications between:
the client or his representative and the lawyer or her representative;
the lawyer and her representative;
the client, lawyer, or their representatives and lawyers or representatives of a party with a common interest;
between representatives of the client or the client and his representative;
among lawyers and representatives who represent the same client; and
between representatives of the client’s lawyer.
There are (aren’t there always?) exceptions:
If the lawyer’s services were sought for the purpose of enabling what the client knew to be fraud, there is no privilege.
If the communications were made in furtherance of a fraud, there is no privilege.
If the communications were made with a client who is now deceased and the communication is relevant to an issue between parties who claim through the client. (For example: if the communication was regarding a provision in the deceased client’s will and the parties are the client’s heirs.)
If the communication is regarding a breach of the lawyer’s duty to the client.
If the communication is regarding the authenticity of a document signed by the lawyer or his representative as a notary or witness.
If the communication is relevant to a matter of common interest between two or more clients and is made to them by a lawyer or representative they have in common and is subsequently used by one client against another in a civil suit.
If the communication is regarding the identify of a client or his representative unless such disclosure would reveal the reason for the legal services or the nature of a confidential communication.
All communications made to our office are confidentially maintained, even during consultations. If you are seeking representation for your case, give us a call at (318) 459-9111 to set up a consult.