This section is from the book "Popular Law Library Vol11 Common Law Pleading, Code Pleading, Federal Procedure, Evidence", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
At common law, a legal adviser could not be compelled to disclose any lawful communication between himself and his client, such communications being regarded by the law as privileged. In fact, the law placed a seal upon his lips and would not allow him to reveal them unless the privilege be expressly waived by the client. The privilege being that of the client and not of the attorney, he may waive his privilege. If not waived, the protection which the law gives to such communications does not cease with the termination of the suit or controversy, nor with the death of the client. The seal of the law, once fixed upon them, remains forever.1
This privilege does not extend to communications in furtherance of criminal acts, for the moment an attorney advises or enters into the commission of a crime, he loses his character as legal adviser and becomes a criminal, and communications to him become no more privileged than if made to any other criminal.2
 
Continue to: