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 Montana, the attorney-client privilege is codified under Montana Code Annotated (MCA) 26-1-803. This statute upholds the principle that communications between a client and an attorney are confidential when the client is seeking legal advice, and the attorney is providing it. The privilege prevents attorneys from disclosing these communications without the client's consent, and it also protects the client from being compelled to disclose them in civil, criminal, or other legal proceedings. The purpose of this privilege is 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 applies only to confidential communications and does not cover information that is already public or that the client has shared in a non-confidential setting.