privilege

Legal TerminologyLegal glossary term

Legal Definition

A legal privilege refers to a right or benefit that is protected under the law, often shielding certain communications or actions from being subject to challenge in a legal proceeding. In the context of U.S. law, this concept dictates which communications are considered confidential and protected by the court system.

Plain-English Translation

Imagine a special rule where certain conversations or actions are so important that the courts agree not to look at them or question them. It's like saying, 'This conversation is secret because of the rules.'

Context in Contracts

It matters because privileges establish a protective shield for certain types of communication or action, ensuring that privileged information—such as attorney-client communications or proprietary information—is protected from being disclosed in court proceedings.

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Understand privilege fast

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01

Attorney-Client Privilege: The right of a client to confidential communication with their legal counsel.

02

Corporate Trade Secret Privilege: The protection afforded to proprietary business information.

Document context

How privilege shows up in legal documents

What is it?

A legal privilege is a right or benefit under law that protects specific communications, actions, or rights from being challenged in litigation. This term defines the scope and limits of what can be argued or proven within a legal framework.

Why does it matter?

It matters because privileges establish a protective shield for certain types of communication or action, ensuring that privileged information—such as attorney-client communications or proprietary information—is protected from being disclosed in court proceedings.

When does it matter?

It usually appears when discussing the protection afforded to specific legal communications, such as attorney-client privilege or the privilege of a corporation to protect trade secrets.

Where is it usually seen?

It is usually seen in legal documents, statutes, and judicial decisions where the scope of protected information is being defined or asserted.

Who is affected?

The parties involved, including attorneys, litigants, and corporate entities, are affected by it as they determine what communications are protected under established legal rules.

How does it work?

In practice, a privilege dictates that certain communications (like privileged attorney-client advice) are shielded from being subpoenaed or challenged in a lawsuit, thereby protecting the client's interests or the company's proprietary information.

Related terms

Terms to compare with privilege

discovery

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Disclaimer: We do not provide legal advice. We translate legal language into plain English and help you prepare for a conversation with a lawyer.