• Attorney-client privilege is founded on the fifth amendment to the Constitution.Justice image by MVit from Fotolia.com
  
  State and federal laws regarding attorney-client privilege assert the circumstances under which conversations between attorneys and clients are inadmissible in court. This allows a client to talk freely with his attorney knowing that the conversation will not be used against him as conversations with law enforcement can be. Laws also denote the protections employees have when speaking to attorneys about corporations and other businesses.
  
  

The Five-Part Test

• According to Enotes, five conditions for determining the existence of attorney-client privilege were established as the result of case of the U.S. versus United Shoe Machinery Corp. As long as the person invoking the privilege is a client or someone attempting to establish a relationship as a client, the person communicating with the client is an attorney or acting as an attorney, the communication is between the client and attorney only and the conversation is for the purpose of discussing legal matters or securing a legal opinion then the attorney-client privilege applies and the conversation is protected. Clients may waive this privilege at any time. It is unlawful, however for attorneys to divulge conversations with clients except when revealing that information would divest them from illegal activity.
  
  

Application of Attorney-Client Privilege

• Attorney-client privilege is straight forward when it is conducted between a single client and his attorney--conversations of a legal nature may not be used as evidence against the client in any court of law. The law differs when the client is a corporation with hundreds or even thousands of employees. According to the case of the Upjohn Corporation. versus the U.S., attorney-client privilege may be extended to senior executives of corporations and employees that speak to attorneys at the request of executives or other protected individuals.
  
  

State Statutes

• States maintain additional laws for attorney-client privilege in addition to federal statutes. Minnesota, for example denies the attorney-client privilege to clients when a spouse is present for attorney discussions during a divorce proceeding. New Jersey requires a client to prove that the conversation between him and his attorney is protected under the law. New York law holds that a client's intent to commit a crime is not protected under attorney-client privilege.