Nications

evidence. Whatever is communicated professionally by a client to his counsel, solicitor or attorney, is considered as a confidential communication. This the latter is not permitted to divulge, for this is the privilege of the client and not of the attorney. The rule is strictly confined to counsel, solicitors or attorneys, except indeed the case of an interpreter between the counsel and client, when the privilege rests upon the same grounds of necessity. As to the matter communicated, it extends to all cases where the party applies for professional assistance.

6 Mad. R. 47.

But the privilege does not extend to extraneous or impertinent communications; 3 John. Cas. 198; nor to information imparted to a counsellor in the character of a friend, and not as counsel.

1 Caine's R. 157. Vide generally, Stark. Ev. h. t.; 1 Peters's R. 356; 1 Root, 383; Whart. Dig. 275; Cary's R. 88, 126, 143; Toth. R. 177; Peake's Cas. 77; 2 Stark. Cas. 274.

As to a confession made to a catholic priest, see 2 N. Y. City Hall Rec. 77.

Vide 2 Ch. Pr. 18-21.