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 Hawaii, the attorney-client privilege is codified under Hawaii Revised Statutes (HRS) § 626-1 Rule 503. This rule protects confidential communications between a client and an attorney made for the purpose of facilitating the rendition of professional legal services to the client. The privilege applies to both civil and criminal proceedings and ensures that attorneys cannot be compelled to disclose these communications, nor can clients be forced to do so. The privilege is intended to encourage full and frank communication between attorneys and their clients, which is essential for effective legal representation. It is important to note that the privilege has certain exceptions, such as when the communication is made to commit a crime or fraud. The privilege generally continues even after the attorney-client relationship has ended and can be claimed by the client, the client's guardian or personal representative, or the attorney on behalf of the client.