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 Missouri, the attorney-client privilege is codified under Missouri Revised Statutes, specifically in Chapter 491, which deals with evidence and witnesses. This privilege ensures that communications between an attorney and their client are kept confidential if they are made for the purpose of seeking or providing legal advice. The privilege belongs to the client, meaning that the client has the right to prevent the attorney from disclosing any privileged communication. It is important to note that the privilege applies only to confidential communications and does not protect information that is already public or that the client has shared in a non-confidential setting. The attorney-client privilege is recognized in both civil and criminal cases in Missouri and is a fundamental part of the legal system, designed to encourage full and frank communication between attorneys and their clients, which is essential for effective legal representation.