Monday, March 2, 2015

Confidentiality and Attorney-Client Privilege

Information which is shared by a client with his or her attorney is confidential. 

For that reason, an attorney may insist that only the client  be present during conferences and preparation.  The presence of a third party that is not a client will waive the attorney client privilege. This means that the friend or family member who came along to provide emotional support could end up getting subpoenaed and forced to testify as to what s/he heard, even if it is not in the best interest of the client.

Although everyone knows that an attorney is not allowed to share the clients information without the client's specific consent, many people don't realize that the presence of the third party in a confidential setting can interfere with attorney-client privilege. 

Attorney- client privilege is an important legal principle that must be guarded carefully. 

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