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 North Dakota, the attorney-client privilege is codified under North Dakota Century Code (NDCC) Section 31-01-06.3. This statute upholds the confidentiality of communications between attorneys and their clients. It ensures that attorneys cannot disclose information shared with them by their clients for the purpose of seeking legal advice, nor can such communications be compelled in civil, criminal, or other legal proceedings. The privilege is intended to encourage clients to communicate candidly with their attorneys, enabling attorneys to offer informed and effective representation. It's important to note that the privilege applies only when the client has sought legal advice from the attorney and the communication is made in confidence. There are exceptions to the privilege, such as when the client gives informed consent to the disclosure or when the communication relates to future crimes or fraud.