The attorney-client privilege is a rule that preserves the confidentiality of communications between attorneys and clients when the purpose of the communication is the client seeking legal advice and the attorney giving legal advice. The rule provides that attorneys may not disclose such communications, and opposing parties in civil litigation, criminal litigation, or other legal proceedings may not compel the disclosure of such communications. The privilege is designed to allow clients to openly share information with their attorney so the attorney can provide the most effective adv ice and representation possible.
In Arizona, the attorney-client privilege is codified under Rule 502 of the Arizona Rules of Evidence. This rule protects confidential communications between clients and their attorneys made for the purpose of obtaining or providing legal advice. The privilege ensures that attorneys cannot be compelled to disclose these communications in civil, criminal, or other legal proceedings, nor can the clients be forced to do so. It is designed to encourage full and frank communication between attorneys and their clients, which is essential for effective legal representation. The privilege applies unless it is waived by the client or an exception to the privilege is invoked, such as the crime-fraud exception where the client seeks advice to engage in or cover up a crime or fraud.