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Attorney-Client Privilege

What Is Attorney-Client Privilege?

Attorney-client privilege is a legal concept that protects the confidentiality of communications between an attorney and their client. This privilege allows clients to disclose sensitive information to their attorneys with the assurance that such information will be kept confidential and not disclosed to third parties.

While many university employees have legal degrees, it is only attorneys who are members of UC's Office of General Counsel who can provide legal advice on behalf of the university, and who can establish an attorney-client relationship protected by the privilege.

At UC Santa Cruz, attorney-client privileged communication is classified as Data Protection Level P3, which requires strict security controls.

Examples of Attorney-Client Privileged Communication

Attorney-client privilege applies to certain kinds of communication with an attorney. For example:

  • Consultations: When a client consults with an attorney to discuss legal matters, the information exchanged during the meeting is protected by attorney-client privilege.
  • Legal Advice: Communications between a client and their attorney seeking or providing legal advice are privileged. This can include discussions about potential legal strategies, rights, or potential consequences.
  • Document Exchange: Documents shared between a client and their attorney as part of the legal representation, such as emails, letters, or other written communications, are generally protected by attorney-client privilege.

Attorney-client privilege does not extend to preexisting information that the client brings to the attorney, as the privilege generally applies to confidential communications made for the purpose of seeking or providing legal advice.

The above examples are general. If a legal issue arises, university employees should contact the Office of Campus Counsel to determine what might be protected in that particular situation by attorney-client privilege.

Additional Resources

Office of Campus Counsel

University of California Office of General Counsel