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10550 Independence Pointe Pkwy, Ste 200
Matthews, NC 28105

(704) 759-6110

Semirog Law Firm, pllc is a personal injury and auto accidents law firm located in Charlotte and Matthews, North Carolina.   We are committed to providing quality legal services in a dedicated and cost-effective manner to all members of our community, regardless of race, gender, or national origin.

We have handled complicated litigation in the areas of personal injury, car wrecks, truck accidents, family and business law.  In addition, we have experience in real estate law and short-sale negotiations.

We offer standard and flexible billing arrangements for our clients, such as flat fee billing, hourly billing, and contingency fee billing depending on the type of legal matter.


Matthews North Carolina personal injury and auto accident attorneys and Charlotte North Carolina personal injury and auto accident and car accident and motorcycle accident attorneys.

Read our blog where we post recents news in developments in the personal injury and car and auto accidents law in North Carolina.  Learn interesting facts and legal concepts that will help you in your daily life.

Attorney-Client Privilege Explained

Serge Semirog

The attorney-client privilege is the oldest of the privileges protecting confidential communications.  It was accepted as early as during the reign of Elizabeth I.  The purpose of the privilege was to prevent the attorney from being required to take an oath and testify against the client.  It was then considered that such testimony against one to whom loyalty was owed would violate the attorney's honor as a gentleman.

Today, the privilege is the client's prerogative.   The client, not the lawyer, holds the privilege.  The client has the ultimate authority to raise or to waive the privilege.  An attorney may not testify as to communications made by a client unless released by the client.  

Definitions of Attorney-Client Privilege abound.   Here is one of the best examples:

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client,

(1) between himself or his representative and his lawyer or his lawyer’s representative, or
(2) between his lawyer and the lawyer’s representative, or
(3) by him or his lawyer to a lawyer representing another in a matter of common interest, or
(4) between representatives of the client or between the client and a representative of the client, or
(5) between lawyers representing the client.

Attorney-client privilege protects confidential communications made both by the client and to the client.  

attorney client privilege.jpg

The practical consequence of the privilege is that there can be neither compelled nor voluntary disclosure by the attorney of matters conveyed to the attorney in confidence by a client for the purpose of seeking legal advice.

Ultimately it is the client, who as the holder of the privilege, alone is entitled to decide whether to claim the privilege or waive it by disclosing privilege-protected communication.


Facts are not protected



At the same time, not everything conveyed by a client to an attorney is immune from subsequent compelled disclosure in civil litigation.  Many communications that clients and attorneys alike believe will be privileged are not.   Whats important to remember is that the underlying facts, regardless of their source, are not privileged and discoverable. 

Only the content of communications between attorneys and their agents and clients and their agents where those communications have the purpose of seeking or giving legal advice that are privileged.

Thus foundational questions which seek to determine who was present or who authored a document or to whom it was sent are simply not encompassed within the privilege.



By Serge SemirogGoogle +