Ethics/Professional Responsibility
Oct. 11, 2013
When third parties destroy privileges
When a third party becomes privy to a confidential communication, the consequences depend on whether state or federal law applies. By Jennifer W. Leland
The basic premise of the attorney-client privilege is well-known: It assures that confidential communications between clients and attorneys will be kept private and protected from disclosure to others. The objective of the privilege is to encourage clients to make complete disclosures to their attorneys without fear that the information will be shared with others. What happens, however, when a third party becomes privy to or is a participant i...
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