If an attorney represents multiple defendants, does attorney-client privilege apply?

The application of attorney-client privilege when an attorney represents multiple defendants is nuanced. Under normal circumstances, attorney-client privilege protects confidential communications between an attorney and a client, ensuring that the client can speak freely without fear that these communications will be disclosed to others.

However, when representing multiple defendants, the privilege may not apply in the same way as it would for a single client. This is primarily because the interests of co-defendants might diverge, leading to situations where one defendant's statements could indeed be used against another in a legal proceeding. In such cases, any communications made between the attorney and the defendants could potentially be disclosed to the court if the defendants' interests are in conflict. It would not be appropriate for an attorney to maintain the privilege when the defendants could be providing information pertinent to their respective defenses that implicates the others.

Thus, in scenarios where multiple defendants are represented jointly, the communication may not be protected if conflict arises. This is why stating that the privilege does not apply because statements could be used against each other is accurate and emphasizes the complexities of joint representation.