Does the attorney-client privilege survive the termination of the attorney-client relationship?

• A. Yes
• B. No
• C. Only for certain matters
• D. It depends on jurisdiction

Answer: (A)

Attorney-client privilege is a confidentiality shield that protects communications made in confidence between a client and lawyer for the purpose of seeking or receiving legal advice. This protection belongs to the client and does not depend on the attorney continuing to represent the client; it persists even after the attorney-client relationship ends. The idea is to encourage full and frank disclosure so legal advice can be properly given, and that protection remains in place in later proceedings. The privilege can be waived or lost if the client voluntarily discloses the communications to a third party or if the communication was designed to facilitate wrongdoing (crime or fraud), but none of that changes the fact that, absent waiver or an applicable exception, termination of the relationship does not extinguish the privilege.