Lee was arrested for public intoxication. Shortly after being charged with this offense, he wrote a letter to his attorney explaining the circumstances surrounding his arrest. The letter is considered:

Question

Quizplus · Accepted Answer

The letter written by Lee to his attorney explaining the circumstances surrounding his arrest is considered to be privileged communication under the attorney-client privilege. The privilege is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his attorney. The existence of the privilege is not dependent upon the attorney actually being retained since it may be necessary to disclose confidential information in the course of persuading a lawyer to take a case.

Lee Was Arrested for Public Intoxication