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 Maine, the attorney-client privilege is codified under the Maine Rules of Evidence, Rule 502. 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 advice given by the attorney and information provided by the client. It extends to prevent attorneys from disclosing such communications, and also shields the communications from being compelled in civil, criminal, or other legal proceedings. The privilege is maintained even after the attorney-client relationship has ended and survives the death of the client. However, there are exceptions to the privilege, such as when the communication relates to future crimes or fraud or when the client waives the privilege. The purpose of the attorney-client privilege in Maine is to encourage full and frank communication between attorneys and their clients, which is essential for effective legal representation.