By Tom Stilp, JD, MBA/MM, LLM, MSC, DBA • August 18, 2026
Dr. Anthony Fauci recently evoked the 5th Amendment over 100 times to avoid self-incrimination. Read Here
The 5th Amendment deals with self-incrimination. The attorney-client privilege is different and far more common. This privilege deals with keeping confidential client-incriminating information.
But what if an attorney knows something about a client who committed horrible acts? Can the attorney tell the authorities?
Drew Peterson, the former officer convicted of killing his third wife, asked a judge to silence his former attorney, Joel Brodsky. Read Here
Brodsky represented Peterson in the murder trial of his third wife Kathleen Savio. The case was reopened after Peterson’s fourth wife, Stacy, disappeared in 2007. She’s never been found and police suspect she was also murdered by Peterson. Attorney Brodsky told reporters he was going to disclose what happened to Peterson’s third and fourth wives. The judge said never in his 40 years in law has he seen an attorney threaten to betray his client’s trust in such a bold way (op. cit.)
The general rule is that a client may have committed the most vile-crime history, but clients still have a right to speak in confidence with their attorney.
But what is the attorney-client privilege? Attorney-client privilege refers to a legal privilege that keeps communications between an attorney and his or her client secret.
The most famous definition of the attorney-client privilege is as follows: “(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his [or her] capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are at his [or her] instance permanently protected (7) from disclosure by [the client] or by the legal adviser, (8) except the protection be waived.”
8 JOHN HENRY WIGMORE, EVIDENCE IN TRIALS AT COMMON LAW § 2292, at 554 (McNaughton 1961 & Supp. 1991)
Are there exceptions? Yes. For example, a lawyer may reveal confidential client information to prevent reasonably certain death or substantial bodily harm. An attorney may also make a disclosure to comply with the law or a court order, or prevent the attorney’s services from being used to further criminal activity.
Secrets go with the attorney to the grave – the attorney’s grave, not the client’s, for even if the client predeceases the attorney, the privilege remains. Competent trial counsel will know how to preserve the privilege.
