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 Colorado, the attorney-client privilege is codified under Colorado Revised Statutes (C.R.S.) § 13-90-107, which protects confidential communications between attorneys and their clients. This privilege applies when the client is seeking legal advice, and the attorney is providing that advice. It ensures that attorneys cannot disclose communications made in the context of the attorney-client relationship without the client's consent, and it also prevents these communications from being compelled in civil, criminal, or other legal proceedings. The purpose of this privilege is to encourage full and frank communication between attorneys and their clients, thereby enabling attorneys to offer informed and effective representation. It is important to note that the privilege has certain exceptions and is subject to waiver under specific circumstances. For instance, the privilege does not apply if the communication is made in furtherance of a crime or fraud.