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Attorney–client privilege is an American legal concept that protects certain communications between a client and his or her attorney and prevents the attorney from being compelled to testify to those communications in court. The attorney–client privilege is one of the oldest recognized privileges for confidential communications.〔''Swidler & Berlin v. United States,'' 524 U. S. 399, 403 (1998)〕 The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.〔''Upjohn Co. v. United States,'' 449 U. S. 383, 389 (1981)〕 ==General requirements under United States law== Although there are minor variations, the elements necessary to establish the attorney client privilege are: # The asserted holder of the privilege is (or sought to become) a client; and # The person to whom the communication was made: ## is a member of the bar of a court, or his subordinate, and ## in connection with this communication, is acting as an attorney; and # The communication was for the purpose of securing legal advice.〔See, e.g., ''Colton v. United States'', 306 F.2d 633, 637 (2d Cir. 1962), ''cert. denied'', 371 U.S. 951, 83 S. Ct. 505 (1963), ''citing'' ''United States v. United Shoe Mach. Corp.'', 89 F. Supp. 357, 358–59 (D. Mass. 1950).〕 There are a number of exceptions to the privilege in most jurisdictions, chief among them: #the communication was made in the presence of individuals who were neither attorney nor client, or was disclosed to such individuals, #the communication was made for the purpose of committing a crime or tort, #the client has waived the privilege (for example by publicly disclosing the communication). A corollary to the attorney–client privilege is the joint defense privilege, which is also called the common interest rule.〔''LaForest v. Honeywell International Inc.'', 2004 WL 1498916, p. 3〕 The common interest rule "serves to protect the confidentiality of communications passing from one party to another party where a joint defense or strategy has been decided upon and undertaken by the parties and their respective counsel."〔Id.〕 An attorney speaking publicly in regard to a client's personal business and private affairs can be reprimanded by the bar and/or disbarred, regardless of the fact that he or she may be no longer representing the client. Discussing a client's or past client's criminal history, or otherwise, is viewed as a breach of fiduciary responsibilities. The attorney–client privilege is separate from and should not be confused with the work-product doctrine. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Attorney–client privilege」の詳細全文を読む スポンサード リンク
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