Monday, January 4, 2016


"The issue of waiver arises most commonly when a communication is witnessed by a third party or where the client does not intend the communication to be confidential. The mere presence of a third party will likely prevent the creation of the attorney-client privilege.
Continuing with our hypothetical characters, suppose that Smith and her stockbroker meet with Jones to discuss the suspect sale of stock. Jones represents Smith in connection with the sale, but not the stockbroker. During the course of the meeting, Smith discloses sensitive information. Under this scenario, the privilege is likely waived and the information conveyed does not enjoy protection from disclosure.
What if the communication is disclosed to a third party after a privileged exchange between attorney and client? Has the privilege been waived? Possibly. Unlike a client's constitutional rights, which can only be intentionally and knowingly waived, the attorney-client privilege may be waived by a careless, unintentional or inadvertent disclosure.27 

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