Exceptions to the Attorney-Client Privilege in North Carolina Criminal Cases
If you’re approaching a criminal case in North Carolina, you may have heard of something called the “attorney-client privilege.” This ethical rule states that your lawyer cannot repeat things you tell them in private without your permission. This is an important concept to remember, as it allows you to be honest about your predicament without worrying about law enforcement finding out. However, you should know that the attorney-client privilege has limits.
Your Lawyer Can Tell the Police About Crimes You Plan to Commit
Generally speaking, the attorney-client privilege only applies to things that have happened in the past. You can freely admit to committing certain crimes without worrying about your lawyer telling law enforcement. Whatever you tell your lawyer, they are still required to represent you to the best of their abilities.
However, this protection does not apply if you tell your lawyer about crimes you plan to commit in the future. In this situation, your lawyer could notify law enforcement about your planned crimes without violating the attorney-client privilege.
Your Lawyer May Breach the Attorney-Privilege to Protect People From Harm
The same logic applies to future events that might cause people to suffer bodily harm or death. If you tell your lawyer something that indicates this harm could occur, your lawyer can tell others (including law enforcement) without breaking the attorney-client privilege. The logic here is that if a lawyer knows that people are going to be harmed and does nothing about it, they are effectively participating in the offense.
North Carolina Gives You an Additional Layer of Protection
Note that North Carolina actually offers defendants an additional layer of protection called “Confidentiality of Information.” Under Rule 1.6, this protection goes even further than the standard attorney-client privilege and requires lawyers to keep virtually all information related to your case private. While the standard exceptions for future crimes and bodily harm still apply, Rule 1.6 makes virtually any communication you have with your lawyer “privileged” and confidential.
Communications With AI Are Not Privileged
Another notable “exception” involves AI. If you or your attorney “discuss” your case with an AI assistant (such as Claude or ChatGPT), you lose the attorney-client privilege. Prosecutors could obtain records of these communications, and sensitive information could therefore become part of the record. This became clear after a major decision by a federal court in late March of 2026. If you want your communications to remain confidential, make sure you’re discussing your case with a “real lawyer” and not an AI platform.
Can a North Carolina Criminal Defense Attorney Help Me?
Although the attorney-client privilege has certain limitations, it is still a reliable form of protection. Once you understand the exceptions, you can take advantage of this protection and be as honest as possible with your felony attorney in North Carolina. The more your lawyer knows about your situation, the easier it will be for them to help you. Continue this conversation with The Pritchard Firm today.
Sources:
jdsupra.com/legalnews/claude-is-not-a-lawyer-federal-court-6358526/
ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-16-confidentiality-of-information/