MBE Rules · Evidence
Attorney-client privilege
The rule
Confidential communications between attorney and client (or their representatives) made for the purpose of obtaining legal advice are privileged from disclosure. Held by client. Exceptions: crime/fraud, client puts communication at issue, joint clients in subsequent dispute, attorney-client dispute.
In plain English
If you tell your lawyer something in private to get legal help, it usually can't be shared in court. But if you plan a crime together, it can be disclosed.
Worked example
The defendant tells his lawyer about a past robbery to get legal advice. This stays private. But if he asks the lawyer to help plan a future heist, that conversation isn't protected.
Memory hook
Client's secret shield: legal chats stay sealed. Confidential chats with your lawyer are protected from prying eyes, unless exceptions apply.
The trap
Students think: any client chat is privileged. Wrong, because it must be for legal advice. The actual test is the purpose of the communication.
How examiners test it
The MBE loves: client emails lawyer about business plans. Trap: students assume privilege applies. Test: was it for legal advice? Non-legal purpose = not privileged.
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