{"id":3918,"date":"2019-10-14T09:55:04","date_gmt":"2019-10-14T09:55:04","guid":{"rendered":"https:\/\/wordpress-195849-4032129.cloudwaysapps.com\/dont-hire-the-wrong-lawyer-for-a-michigan-criminal-or-dui-case\/"},"modified":"2024-12-11T22:51:51","modified_gmt":"2024-12-12T03:51:51","slug":"michigan-attorney-client-privilege","status":"publish","type":"post","link":"https:\/\/www.randalawyers.com\/blog\/michigan-attorney-client-privilege\/","title":{"rendered":"Michigan Attorney-Client Privilege Overview & What It Means"},"content":{"rendered":"

It\u2019s normal to wonder what one can safely say to a lawyer in confidence. Someone facing a criminal charge<\/a> or DUI charge<\/a> may worry that unless they hire a lawyer with whom they consult, then what has been said is no longer a protected secret.<\/p>\n

How safe are my secrets? Can the lawyer reveal anything to the police, mention something to the prosecutor, or otherwise disclose anything said to him or her? Fortunately, the answer to that last question is a reassuring and satisfying \u201cno,\u201d<\/strong> even if the lawyer is merely consulted<\/em>, and not hired. In other words, there does not need to be a formal attorney-client relationship for the attorney-privilege to attach.<\/p>\n

Our firm understands that EVERYTHING communicated to us, either during a consultation, or by a client who has hired us, is a secret that not only deserves protection, but is also legally covered by the attorney-client privilege.<\/p>\n

The law is clear: Anything communicated by a client to his or lawyer, or even a by potential client during a consultation with an attorney is strictly confidential. This applies even if the lawyer doesn\u2019t provide any legal advice, and it applies in all 50 states, including Michigan.<\/p>\n

This is true even if the confidence is revealed in an electronic communication made to the lawyer or his or her law firm. Part of this is the \u201cwork product doctrine,\u201d which allows a lawyer to not have to turn over any legal strategies or notes, but also requires that any privileged information that is part of such work to remain strictly confidential.<\/p>\n

All attorney-client communications in which the client discloses privileged information must be held secret. As noted above, the privilege attaches eve if a person is merely consulting with a lawyer and just seeking his or her \u201ctake\u201d on their situation.<\/p>\n

In the context of a criminal case (or any case, really), the scope of the attorney-client privilege<\/a> is extraordinarily broad, with only a few, VERY LIMITED exceptions.<\/p>\n

What is Attorney-Client Privilege?<\/h2>\n
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The attorney-client privilege is something private. It covers everything someone reveals to a lawyer. Essentially, it protects all attorney-client communications<\/strong>, meaning anything said in furtherance of obtaining legal help, or even if a person is merely consulting with a lawyer to see if he or she can or will help.<\/p>\n

In Michigan, the attorney-client privilege is covered by Rule 1.6 of the Michigan Rules of Professional Conduct<\/a>. As written, MRPC 1.6 provides:<\/p>\n

Rule 1.6. Confidentiality of Information.<\/strong><\/p>\n

A. \u201cConfidence\u201d refers to information protected by the client-lawyer privilege under applicable law, and \u201csecret\u201d refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client. <\/strong><\/p>\n

B. Except when permitted under paragraph (C), a lawyer shall not knowingly:<\/strong><\/p>\n