Your relationship with your lawyer matters. Attorney-client privilege is one of the foundations of American law. What you tell your attorney is generally confidential. With only extremely limited exceptions, your lawyer generally cannot be compelled to testify against you in a criminal case. In this article, our defense attorney explains the key things that you should know about attorney-client privilege in Colorado.
Attorney Client Privilege in Colorado
Attorney-client privilege protects confidential communications between a lawyer and a client made for the purpose of seeking or providing legal advice. Colorado recognizes the privilege through statute, common law, and court rules. The privilege applies in criminal cases, civil cases, and investigations. It belongs to the client, not the lawyer. Only the client may waive it. A lawyer may not waive it. Colorado Courts treat this privilege as essential to the right to effective representation.
Exception to Attorney-Client Privilege in Colorado
Colorado recognizes a narrow, but important exception to the attorney-client privilege. It is called the crime fraud exception. Broadly explained, communications made to further a future crime or fraud are not protected by Colorado law. To overcome attorney-client privilege on these grounds, the prosecution must make a prima facie showing that the communication sought to advance illegal conduct. To be clear, past crimes remain protected.
Here is an overview of how it actually works in place. Imagine that you stole $1,000 worth of merchandise from a store in Montrose County. You hire a defense and tell your lawyer that you are guilty. That is protected information. Your lawyer cannot share that information nor can he or she be called upon to testify against you. However, if you were charged with operating an ongoing theft ring and you tell your lawyer that you are currently still doing so and are going to keep doing so, that is not protected information. The crime fraud exception disallows information about any future crime from being protected on attorney-client privilege grounds.
What Communications Are Protected
In Colorado, attorney-client privilege covers communications, not facts. If a client tells a lawyer information privately to obtain legal advice, that communication is protected. The same underlying facts may still be discoverable through other sources. The protection applies to oral statements, written communications, emails, text messages, and notes prepared to assist counsel.
To be clear, confidentiality matters. Communications must occur in a setting where the client reasonably expects privacy. Conversations in jail phone calls, public spaces, or around third parties may lose protection. In other words, if you say something to your lawyer but are overheard by another party, that information can lose its protection.
Who Qualifies as a Client
Attorney-client privilege applies once a person seeks legal advice from a licensed attorney. A formal retainer agreement is not required. Initial consultations qualify if the purpose involves legal advice. The privilege also extends to prospective clients, even if no representation follows. You can share information with a licensed Colorado defense lawyer during an initial consultation. Even if you decline to actually hire that attorney, you are still protected by the attorney-client privilege.
Attorney Client Privilege in Criminal Investigations
Privilege applies during investigations, not only after charges are filed. Law enforcement may not deliberately intrude into privileged communications. In other words, if you are being investigated for a crime but have not yet been charged with any criminal offense, you can still be protected by the criminal law version of the attorney-client privilege if you hire a lawyer for the investigation.
ABA Rule 1.6 (Confidentiality Protections)
There are ethical rules in place that require lawyers, as professionals, to protect the confidentiality of sensitive client information. American Bar Association (ABA) Rule 1.6 is a model rule that governs a lawyer’s ethical duty of confidentiality. Notably, the Colorado Bar Association follows this rule. It requires an attorney to refrain from revealing information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized, or a specific exception applies. The rule applies broadly. It covers all information learned during the representation, regardless of source. Unlike attorney client privilege, Rule 1.6 is not limited to communications or evidentiary use. It imposes a professional obligation that exists in and out of court. In Colorado, Rule 1.6 of the Colorado Rules of Professional Conduct closely tracks the ABA model and carries disciplinary consequences if violated. For criminal defendants, Rule 1.6 provides an added layer of protection beyond privilege. Even when a court could compel testimony, ethical confidentiality still restricts voluntary disclosure by counsel.
How Our Colorado Criminal Defense Lawyer Can Help
If you are facing a criminal charge in Montrose or elsewhere in Colorado, it is normal to feel stressed out or even overwhelmed. You have the right to raise a strong, zealous legal defense. It is imperative that you have an open relationship with your attorney. Attorney-client privilege is one of the most important legal protections for defendants. At The Martin Law Firm, we believe in putting clients first. Our firm handles cases with care, compassion, confidentiality, and top-tier professional skills. We are proactive and results-first. Your initial consultation with our Montrose, CO criminal defense lawyer is fully private and carries no additional obligations.
Contact Brent Martin for a Confidential Consultation
At The Martin Law Firm, our Colorado criminal defense lawyer is committed to protecting the rights of clients. If you have any questions or concerns about the scope of attorney-client privilege, please do not hesitate to contact us today for a completely confidential initial consultation. From our Montrose office, we provide criminal defense services all across the broader region.