July 15, 2025 | Criminal Defense
When you seek legal advice, it’s important to know your private conversations are protected. That’s where attorney-client privilege comes into play. It’s one of the cornerstones of the American legal system and plays a critical role in ensuring open communication between you and your lawyer.
If you’re involved in a legal matter in Indianapolis, Indiana, understanding this privilege—and its limits—can significantly affect the outcome of your case.
Attorney-Client Privilege Defined
Attorney-client privilege is a legal principle that protects confidential communications between an attorney and their client. This means anything you tell your lawyer in private, for the purpose of obtaining legal advice, cannot be disclosed without your permission.
In Indiana, as in other states, this privilege is recognized both in civil and criminal cases. It allows clients to speak freely with their attorneys, knowing those discussions won’t be exposed to opposing parties, courts, or third parties.
Without this protection, many people might hesitate to share critical information that could help their case.
What Constitutes an Attorney-Client Relationship?
Attorney-client privilege doesn’t automatically apply just because you spoke to someone who happens to be a lawyer. Certain conditions must be met for the privilege to take effect, including:
- You must be seeking legal advice: Casual conversations at social events or networking functions won’t qualify.
- The attorney must be acting in their professional capacity: If they’re offering informal personal opinions, that doesn’t count.
- There must be an expectation of confidentiality: If the conversation occurs in a public place or with third parties present (like friends or family), it’s likely not privileged.
- The relationship must be either formalized or implied: Even if you haven’t signed a contract, a relationship might be established through actions, like scheduling consultations or exchanging legal advice via email.
Courts often examine the context to determine whether an attorney-client relationship existed at the time of the communication.
Confidential Communications
Only confidential communications are protected by attorney-client privilege. This includes:
- Verbal conversations in private
- Emails or written letters exchanged solely between you and your attorney
- Phone calls or virtual meetings where no third party is present
Keep in mind that simply copying your lawyer on an email chain or mentioning legal advice in public can potentially erode confidentiality. To maintain privilege, you should:
- Speak to your attorney in private
- Avoid discussing legal advice with others
- Label legal correspondence appropriately (e.g., “Confidential” or “Attorney-Client Communication”)
If a communication comes into question, judges will typically assess whether the information was intended to remain private at the time it was shared.
When Attorney-Client Privilege May Be Waived
There are circumstances where you could accidentally waive the privilege, even unintentionally. Common scenarios include:
- Talking about your case with others: If you repeat what your attorney told you to friends or on social media, that information may lose its protection.
- Forwarding privileged emails: Sharing your attorney’s messages with family or business partners might strip those communications of confidentiality.
- Not objecting to disclosure in court: If you allow privileged information to be introduced during trial without objection, the court might consider it waived.
In Indiana, once privilege is waived on a specific topic, it may be considered waived for related matters too—this is known as “subject-matter waiver.”
Exceptions to the Attorney-Client Privilege
While this privilege is strong, it’s not absolute. Courts recognize several key exceptions, including:
- Crime or fraud: If legal advice is used to plan or commit a crime, those communications aren’t protected.
Attorney-client disputes: In cases like malpractice claims, privilege may be waived so both sides can present their case. - Joint representation: When two clients share the same lawyer, their communications can become fair game if a conflict arises between them.
If you’re ever unsure about whether something you say is protected, don’t hesitate to ask your attorney. A clear understanding of the limits can help you avoid surprises down the road.
Matters Not Protected by Privilege
Even when a lawyer is involved, not every type of communication is covered by attorney-client privilege. Here are some examples of exchanges that generally fall outside its scope:
- Scheduling or logistical coordination: Basic conversations like setting up a meeting time or confirming a location are administrative, not legal, and aren’t protected.
- Information already made public: Documents filed with the court or statements shared in public forums are no longer confidential.
- Fee arrangements: Fee arrangements between a client and attorney are typically discoverable except where this discovery would reveal confidential communications.
If you’re speaking with a lawyer in Indianapolis for a criminal matter, it’s smart to ask directly whether a particular conversation is protected.
A Criminal Defense Attorney Can Help
Attorney-client privilege is an essential legal safeguard. It gives you the freedom to speak honestly with your attorney without fear that your words will be used against you. But this protection only goes so far—it applies in specific situations and can be lost if not handled with care.To learn more about attorney-client privilege and starting an attorney-client relationship, contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
