All information relating to a client's representation is considered confidential information. Some confidential information also qualifies as privileged information, or information subject to the attorney-client privilege. The attorney-client privilege is a rule of evidence requiring that confidential communications between a client and his attorney (relating to their professional relationship) be kept confidential, unless the client consents to disclosure. State statutes and court cases define what constitutes privileged information. Generally, any communications concerning a client's legal rights or problems fall under the attorney-client privilege. The attorney-client privilege arises even if the lawyer decides not to represent the client and when the client is not charged any fee.
Certain materials relating to an attorney's preparation of a client's case for trial are protected as privileged information under what is known as the work product doctrine. Usually, information concerning an attorney's mental impressions, conclusions, and legal strategy for conducting a case is classified as work product and, as such, may be subject to the attorney-client privilege. Legal strategy includes the legal theories that the attorney plans to use in support of the client's claim, how the attorney interprets the evidence relating to the claim, and the like.