Argumentative Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Argumentative, written in plain English, along with examples of how it is used.

What is Argumentative?

n. essentially is is the legal concept of protecting communications between a client and his or her attorney by keeping it confidential. Used as a confidence building measure, its sole reason is to promote open and honest conversations between the two. Not all jurisdictions provide these priviledges. for example, within USA itself, the Washington state law protects only client communication, whereas in California both side’s communications are safeguarded. Also when an attorney is not acting primarily as an attorney but, for instance, as a business advisor, member of the Board of Directors, or in another non-legal role, then the privilege generally does not apply. However, the privilege may be waived if the confidential communications are disclosed to third parties. Sometimes exceptions are made and the priviledge is waived off, as for example, in cases where the client questions the attorney’s professional competence through criminal charges or a malpractice suit.

History and Meaning of Privileged Communication

Privileged communication is an important principle in the legal profession, whereby the communication between a client and their attorney is kept confidential. This privilege is essential to promote honest and open communication between the two parties, ensuring that clients can speak freely to their attorneys without fear of disclosure. Different jurisdictions offer varying levels of protection for this privilege, and in some cases, the privilege may be waived or not apply at all, such as when an attorney is acting in a non-legal capacity.

The principle of privileged communication has an extensive history, dating back to the Roman Empire. The concept was first introduced as a way to protect jurors from intimidation and threats of violence by parties to a case. In the modern legal landscape, the privilege is now focused on protecting the privacy of communications between clients and attorneys, so they can work together to prepare for trial and develop legal strategies.

Examples of Privileged Communication

  1. A client confides in their attorney about a criminal act they committed. The attorney cannot reveal this information to anyone, including the police or court of law, due to the principle of privileged communication.

  2. An individual hires an attorney to represent them in a civil lawsuit. All communication between the client and the attorney regarding the case, including any documents or evidence provided, falls under the protection of privileged communication.

  3. In a divorce case, a spouse consults with an attorney to discuss their options and legal rights. The communication between the spouse and attorney is protected by privileged communication, and the attorney cannot disclose this information to the other spouse or any other third party.

Legal Terms Similar to Privileged Communication

  1. Attorney-Client Privilege: Similar to Privileged Communication, Attorney-Client Privilege is a legal rule that protects the confidentiality of communications between an attorney and their client.

  2. Work Product Doctrine: This legal principle protects the written materials prepared by an attorney for use in a case, such as legal briefs, memos, or notes.

  3. Doctor-Patient Privilege: Comparable to Attorney-Client Privilege, this legal rule protects the confidentiality of communications between a patient and their healthcare provider.