What Is Attorney-Client Privilege in Central Texas?
Establishing a Foundation of Honesty and Strategic Planning in a Texas Family Law Matter.
In high-stakes situations, like a high-net-worth divorce where your financial well-being, business assets, and professional reputation are at risk, it’s crucial to grasp the concept of attorney-client privilege. During a divorce, for example, sensitive discussions about confidential matters such as complex financial assessments, business documents, and concealed assets will be common. This leaves you exposed and susceptible to potential risks.
At Capps Law Firm, maintaining confidentiality is a top priority for all clients navigating complex family law matters. We place a great value on being your legal team by strictly following Rule 503 of the Texas Rules of Evidence.
In Texas, the attorney-client privilege refers to communication between a client and an attorney, made for the purpose of facilitating legal services. In addition, those communications must be kept confidential from anyone outside the attorney-client relationship.
This Rule ensures that what you share with your lawyer cannot be disclosed without your permission. The Rule is for providing a safety net so to speak for the client and encourage honest communication with the attorney so your attorney can provide you with the best possible legal representation.
The privilege applies to all forms of communication made for seeking or providing legal advice from a lawyer. It is the client who has the privilege, and they are the ones who decide whether to give it up, not the attorney. Under this Rule, representatives of an attorney, such as paralegals, secretaries, or office managers, are also covered by Texas Rules of Evidence Rule 503. That means, you can speak freely with your attorney’s team, and your communications remain protected. Take a look at Texas Rule of Evidence Rule 501 (b) (1) – General Rule.
Definitions Within Attorney-Client Privilege
What is Protected Communication?
The term communication in attorney-client privilege in Texas includes all types of interactions with your attorney. It can include oral, written, and digital exchanges such as phone calls, emails, text messages, document drafts, notes, and in person meetings. Essentially, any form of communication between you and your family law attorney as it relates to legal advice or representation may fall within the scope of protected communication.
This protection generally covers modern methods of communication, recognizing that much of today’s legal correspondence happens electronically. While each case is unique, the guiding principle is that attorney-client privilege protects discussions made for the purpose of seeking or providing legal counsel, regardless of format or platform.
What is Confidential?
The word “confidential” means that any communication shared between you and your attorney is intended to remain private and not intended for third-parties.
In the attorney-client relationship, the client seeks open communication, and the attorney must obtain consent before sharing any information. This means that if a third party, such as a family member or acquaintance, contacts the attorney for your case updates, then the attorney cannot disclose details without the client’s explicit permission, usually granted in writing. This confidentiality measure helps maintain trust and safeguards sensitive information.
Maintaining confidentiality is essential to the attorney-client relationship. It encourages open, honest communication so clients can seek legal guidance without fear that their information will be shared with others.
What is a client?
A client is someone who seeks legal advice or representation from an attorney. This can happen during an initial consultation—when you’re looking for guidance before deciding whether to hire the attorney—or after formally retaining them to handle your legal matter.
Under client-lawyer privilege in Texas, communications made for obtaining legal advice are generally protected from being disclosed. This means that once you begin discussing your situation with an attorney to seek legal guidance, those communications may be considered confidential, even if you haven’t yet hired the attorney.
What Might Not Be Protected Under Attorney-Client Privilege?
While attorney-client privilege in Texas offers strong protections for confidential communications, there are certain situations where those protections do not apply. Check out Texas Rules of Evidence Rule 503 (d) (1), (2), (3) (4) and (5). Some examples:
- Communications held in public.
Conversations made in public settings—for example, courthouses, hallways, or other shared spaces wherein a person could overhear you speaking with your attorney are not considered private and therefore might not be protected under attorney-client privilege. - Meetings with third parties present.
If you bring a family member, friend, or significant other to a meeting with your attorney, the presence of that third person typically means the conversation is not confidential. Anything said in that meeting could be shared or might be used later because it was not kept private between you and your attorney. - Discussions involving future crimes or fraud.
Attorney-client conversations are not protected from disclosure if the client is seeking advice on planning or concealing a future illegal act or dishonesty. This is referred to as the crime-fraud exemption. For example, you cannot ask your attorney how to get away with a crime or participate in fraudulent activity and expect that conversation to remain confidential. Doing so could expose both you and your attorney to legal consequences, and the attorney may be required to disclose the information. - Communications discussing non-legal advice.
Communications that are unrelated to legal guidance—such as asking for business, financial, or personal advice—are generally not covered. For instance, asking your attorney whether you should invest in a business or change your hairstyle would not fall under attorney-client privilege.
These are just a few of the possible ways that communication between a client and attorney might be considered not protected by privilege – Texas Rules of Evidence Rule 503.
Accidentally waiving the confidentiality of the attorney-client privilege
The goal of this privilege is to create a secure environment where clients can freely share sensitive details with their lawyers, secure in the knowledge that they will be kept confidential. Nevertheless, there are specific situations in which the privilege can be relinquished, enabling the release of previously confidential communications.
- Disclosing information to someone outside the privilege.
If you share details about your case publicly—such as posting on social media or discussing it with a friend—you may lose the protection of confidentiality. - Putting communications with your attorney at issue in a lawsuit.
This can happen if you testify and say something like, “My lawyer told me X,” to explain your actions it is now public knowledge and can break the attorney-client privilege. - Third party included in a conversation.
If you bring a parent, partner, or friend to a meeting—or CC them on an email to your attorney—the presence of that third party may waive your attorney-client privileges. Similarly, discussing what was said in your attorney’s office in a group chat or on social media may also result in waiving the privilege.
You can protect confidential communications and keep a strong attorney-client relationship by understanding when your privilege can be waived and following best practices for confidentiality.
Capps Law Firm Safeguards Your Communications
Attorney-client privilege is a vital safeguard in the legal system that promotes open communication, trust, and effective representation between clients and their attorneys. Clients can speak freely with their attorneys, knowing that their private communications will remain confidential.
Understand when this privilege applies—and when it doesn’t to help you protect your privacy and make informed decisions throughout your legal journey. Be cautious not to take everything you read online about client-lawyer privilege at face value. This blog only scratches the surface of the issue.
At Capps Law Firm, PLLC, we understand how important trust and confidentiality are in every attorney-client relationship. Whether you’re seeking guidance through a divorce, custody matter, or another family law issue, our team provides experienced, compassionate representation tailored to your needs.
To learn more or schedule a consultation, contact our office or call our office at (512) 338-9800.
Notice
This article does not create an attorney-client relationship. Its purpose is to educate the public about the topic of family law. This article should not be seen as legal advice. You should consult with an attorney before you rely on this information.
