Code of Alabama
Ala. Code § 12-21-161 (2026)
Testimony of Attorney, Etc., for or Against Client.
✓ official Alabama Legislature (ALISON) text, current July 2026
No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been acquired from the client, or as to advice or counsel to the client given by virtue of the relation as attorney or given by reason of anticipated employment as attorney unless called to testify by the client, but shall be competent to testify, for or against the client, as to any matter or thing the knowledge of which may have been acquired in any other manner.
(Code 1907, §§3962, 4012; Code 1923, §§7658, 7726; Code 1940, T. 7, §438.)
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1981–2025 · leading case: Exxon Corp. v. Dep't of Conservation & Nat. Res., 859 So. 2d 1096 (Ala. 2003).
Exxon Corp. v. Dep't of Conservation & Nat. Res., 859 So. 2d 1096 (Ala. 2003). “§ 12-21-161, Ala.Code 1975; and Advisory Committee's Notes to Rule 502(b), Ala.”
Griffin v. State, 790 So. 2d 267 (Ala. Crim. App. 2000). “§ 12-21-161, Code 1975.'" Ex parte Clark, 630 So.”
Bassett v. Newton, 658 So. 2d 398 (Ala. 1995). “The basis of Alabama's attorney-client privilege statute, § 12-21-161, is the principle that where legal advice of any kind is sought from a professional legal adviser acting in that capacity, the communications relating to that advice, made in confidence by the client, are at…”
Bertarelli v. State, 585 So. 2d 212 (Ala. Crim. App. 1991). “Attorney-client privilege is defined in § 12-21-161, Code of Alabama 1975. This section states: “No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been…”
Ex Parte Birmingham News Co., Inc., 624 So. 2d 1117 (Ala. Crim. App. 1993). “Section 12-21-161, Ala.Code 1975, provides: "No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been acquired from the client, or as to advice or counsel…”
Ex Parte Birmingham News Co., Inc., 624 So. 2d 1117 (Ala. Crim. App. 1993). “Section 12-21-161, Ala.Code 1975, provides: “No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been acquired from the client, or as to advice or counsel…”
Heimkes, No. 1:22-cv-00448 (S.D. Ala. Dec. 9, 2025). “Ala Code § 12-21-161 states: No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of which may have been acquired from the client, or as to advice or counsel to the client…”
King v. State ex rel. Stallworth, 408 So. 2d 515 (Ala. Civ. App. 1981). “See, § 12-21-161, Code of Alabama (1975)”
Crumpton v. McDowell, 721 So. 2d 690 (Ala. Civ. App. 1996). “Attorney-Client Privilege The attorney-client privilege is governed by § 12-21-161, Ala.Code 1975, which states: “No attorney or his clerk shall be competent or compelled to testify in any court in this state for or against the client as to any matter or thing, knowledge of…”
Richards v. Robertson, 578 So. 2d 673 (Ala. 1991). “The Richardses then filed this action against Robertson, alleging that he had violated Ala.Code 1975, § 12-21-161, and that the violation of that Code section creates a cause of action in tort for money damages.”
Tate v. State, 456 So. 2d 838 (Ala. Crim. App. 1984). “The attorney-client privilege of Alabama Code Section 12-21-161 (1975) does not apply where the answer is a matter of public record.”
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