What is the primary function of the attorney-client privilege?

Study for the Model Rules of Professional Conduct Exam. Access flashcards and multiple choice questions with hints and explanations. Prepare effectively for your test!

The primary function of the attorney-client privilege is to protect all communications between a lawyer and client made in confidence. This privilege is fundamental to the legal system, as it encourages open and honest communication between clients and their attorneys. Clients need to feel secure in divulging sensitive information for their legal representatives to effectively advocate for them and develop a robust defense or strategy.

This privilege applies to both verbal and written communications and is designed to foster a trusting relationship where clients can fully disclose relevant facts without fear that such information will be used against them or disclosed to outsiders. By safeguarding these communications, the privilege helps uphold the integrity of the legal process and ensures the right to legal counsel remains a meaningful and effective safeguard for individuals facing legal issues.

The other options do not accurately capture the essence of the privilege. For example, sharing client information with third parties contradicts the protective nature of the privilege. Ignoring written communications from the privilege misrepresents its applicability, as it extends to all forms of communication made in a confidential setting. Lastly, the assertion that the privilege is only applicable in criminal cases is incorrect, as it is a broad legal principle that applies in civil contexts as well.

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