Attorney client relationship?

Question

When is the communications between an attorny and a client NOT privileged?

Answer 1

This is governed by the Rules of Professional Responsibility (Code of Ethics) governing attys. All communications are priviliged unless: the disclosure is necessary to prevent harm to others that is likely to result in imminent death or substantial bodily harm; to prevent the client from committing a criminal act the lawyer believes is "likely to result in substantial injury to the financial interest or property of another"; and to "establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client." It's also correct that a communication given in the presence of a third party MAY not be priviliged, but it depends on who that third party is. My state recognizes the husband-wife privilege, so anything said with both spouses present is still priviliged. There are other unique exceptions that might apply when an attorney is representing a deceased persons and the heirs contest the competency of the decedent to make a Will. I've broken the privilege once for a living person when the issue of competency arose when she was in a nursing home. I broke the privilege only when ordered to do so in the Guardianship proceedings and only to my personal observations about her state of mind.

Answer 2

All communications are privileged unless (a) made in the presence of a third party who does not share the privilege; (b) the privilege is waived. Privileges can be intentionally waived -- some gov't agencies & businesses require pre-signed waivers when consulting with agency or corporate counsel. The privilege is also impliedly waived if the client discusses what was said or if the client sues the lawyer for mal-practice & the communication is relevant to the issue;
(c) in those limited instances where disclosure is necessary to prevent imminent physical harm to others & in some states to prevent imminent commission of a serious crime.

Answer 3

When the client informs the Attorney that he/she is about to commit a serious crime which can or result in injury that the attorney can prevent by contacting the Police to stop it.

Answer 4

There are a couple of circumstances.

One is if the communication occurs in the presence of other people who are not bound by confidentiality.

Another is if the client announces the intention to commit future illegal acts.

Answer 5

The one that stands out here is when the attorney learns of his / her client's intent in doing something illegal ---especially when it is felonious preconception !! If proven that they had knowledge of this beforehand-- an attorney can actually be charged with complicity TO the crime !!!

Answer 6

sure, the 2nd you walk into the workplace and sign a paper pointing out that he or she after all is representing then you definitely that automaticly varieties an lawyer/shopper priviliage. this suggests that they lawyer won't talk of what you 2 talk approximately to absolutely everyone.

Answer 7

never anything said between the two is always privileged.