In this article we will explain the types of information protected by attorney-client privilege in Illinois. We will answer the question, “what is attorney client privilege?” and explain both privileged communications between an attorney and client and privileged attorney work-product.
In litigation, prior to trial the parties will engage in written discovery and depositions in order to gather information from the other parties to use as evidence at trial. Certain types of information are protected by privileges, which means that the information is not required to be disclosed to other parties. One of these privileges is the attorney-client privilege.
There are two types of information covered by attorney-client privilege: (1) privileged communications between attorney client privilege; and (2) attorney product.
If the information requested in discovery meets either definition, the party from whom it is requested can assert the privilege and refused to disclose the information.
The attorney-client privilege extends to confidential communications between an attorney and his or her client. In order for a communication to meet this definition, the following must be true:
Some materials prepared by attorneys in preparation for trial are protected attorney “work product” covered by attorney-client privilege. In order to meet the definition of “work product,” the material must meet the following requirements: