What are the essential elements of attorney-client privilege?

The essential elements of attorney-client privilege are grounded in the need to encourage open and honest communication between clients and their attorneys. This privilege protects the confidentiality of communications made in the context of a professional relationship, allowing clients to disclose sensitive information without fear of it being used against them.

Confidential communications are a cornerstone of this privilege, as they promote trust and ensure that clients can receive effective legal advice. The relationship must also be one of professional engagement, meaning that the communication occurs in the context of seeking or providing legal counsel. This relationship is integral to establishing that the privilege applies.

In contrast, other options do not capture the essence of this privilege. For example, the requirement for disclosure of all information would undermine the very purpose of the privilege, which is about protecting specific communications rather than obligating comprehensive disclosure. Similarly, while formal agreements can be part of the legal relationship, they are not a requirement for attorney-client privilege to exist. The privilege does not limit itself to written communications either; it includes oral communications that take place within the confidential context of the attorney-client relationship. Thus, the core elements focus on confidentiality and the professional nature of the relationship.