What is a Retainer Fee?

Q: Does attorney-client privilege apply to all conversations with an attorney?

No, attorney-client privilege does not apply to all conversations. It only covers communications that are confidential, made for the purpose of seeking legal advice, and between the client and attorney. General discussions or communications made in the presence of third parties may not be protected.

Full question:

suppose someone breaks into a house and assualts the occupant,then goes to their attot oney and tells what they did before the police find out. what is this counsel called, what is the name of this counsel? is it retainer fee?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: Arkansas

Answer:

A retainer is a fee paid as part of the attorney's compensation in exchange for accepting the case. Whether or not an attorney-client relationship exists depends on the facts in each case. The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice. The attorney-client privilege does not extend to the fact that a consultation between attorney and client occurred, or to the general subject matter of the consultation. It protects only the content of the communications during that consultation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the purpose of attorney-client privilege?

The purpose of attorney-client privilege is to encourage open and honest communication between clients and their attorneys. This privilege protects confidential communications made for the purpose of obtaining legal advice. It ensures that clients can speak freely without fear that their admissions or discussions will be disclosed to others, including law enforcement.

What types of communication are protected by attorney-client privilege?

Attorney-client privilege protects confidential communications made between a client and their attorney for legal advice. This includes discussions about the case, legal strategies, and any admissions made in that context. However, the privilege does not cover communications made in the presence of third parties or any illegal activities discussed.

Can an attorney disclose information if a client admits guilt?

Generally, an attorney cannot disclose information shared by a client under attorney-client privilege, even if the client admits guilt. However, there are exceptions, such as if the client intends to commit a future crime or if disclosure is necessary to prevent harm. Each situation may vary based on specific circumstances and applicable laws.