Privilege is a legal protection that can prevent certain communications or information from being forced into disclosure.
In plain language, privilege lets a person or entity resist producing or testifying about protected material, even if the information might otherwise be relevant. Common privileges protect specific relationships or legal interests.
Why it matters
Privilege matters because discovery and trial evidence can be broad. Without privilege, parties might be forced to reveal communications that the law protects to encourage candor, legal advice, treatment, or other protected relationships.
Privilege can also be waived if protected information is shared or handled improperly.
Where it appears
Privilege appears in discovery objections, depositions, subpoenas, document reviews, privilege logs, trial objections, and motions to compel.
Practical example
A party asks for emails between an opposing party and that party’s lawyer about litigation strategy. The responding party may object based on attorney-client privilege.
How it differs from nearby terms
Privilege differs from relevance. Relevant information can still be protected by privilege. Privilege focuses on whether the law shields information from compelled disclosure.
It also differs from a general confidentiality promise. Confidential information is not automatically privileged.
Related terms
Quick knowledge check
Question: Can privileged information be relevant?
Answer: Yes. Privilege can protect information from disclosure even when it is relevant.