When Does Attorney-Client Privilege Not Apply

By
Precious Sapilo
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When does attorney-client privilege not apply? The privilege in question extends only to communications that the client then intends to be confidential, communications that are made in non-privilege settings, or let’s say in the presence of third persons unnecessary to accomplish the purpose for which the attorney was in the first place consulted, are however not confidential and so are not protected by the privilege.

When Does Attorney-Client Privilege Not Apply

When Does Attorney-Client Privilege Not Apply

The attorney-client privilege as you should know is a legal doctrine that protects confidential communications that take place between a client and their lawyer. This means that the lawyer cannot be forced to disclose these communications in court or in any other legal proceeding. However, there are some exceptions to the attorney-client privilege.

The Crime-Fraud Exception

This exception applies when a client communicates with their lawyer with the intent to commit or cover up a crime or fraud. In these cases, the attorney-client privilege does not apply and the lawyer may be forced to disclose the communications.

The Waiver Exception

This exception applies when a client waives their right to the attorney-client privilege. This can happen if the client discloses the communications to a third party, or if the client uses the communications for a purpose other than obtaining legal advice.

The Joint-Client Exception

This exception applies when two or more people are represented by the same lawyer and the communications are made for the benefit of all of the clients. In these cases, the attorney-client privilege does not apply to communications between the lawyer and any one of the clients.

In addition to these exceptions, there are also some other situations where the attorney-client privilege may not apply. For example, the privilege may not apply if the communications are made in the presence of a third party who is not necessary to the communication.

The attorney-client privilege is an important legal doctrine that helps to protect the confidentiality of communications between clients and their lawyers. However, there are some exceptions to the privilege, and it is important to be aware of these exceptions in order to protect your rights.

Here are some additional situations where the attorney-client privilege may not apply:

  • If the client is seeking advice on how to commit a crime or fraud.
  • If the client is seeking advice on how to violate a court order.
  • If the client is seeking advice on how to harm another person.
  • If the client is seeking advice on how to hide assets from creditors.

If you are unsure whether the attorney-client privilege applies to your situation, you should consult with an attorney.

How Attorney-Client Privilege Works

The attorney-client privilege applies to all communications between a client and their lawyer, regardless of the form of the communication. This includes oral communications, written communications, and even electronic communications. The privilege also applies to communications made by the client’s family members or employees, as long as the communication is made in the presence of the client and is for the purpose of obtaining legal advice.

There are however a couple of exceptions to the attorney-client privilege. For example, the privilege does not apply if the client is seeking advice on how to commit a crime or fraud. The privilege also does not apply if the client waives the privilege, such as by disclosing the communication to a third party.

The attorney-client privilege as you know is an important legal concept that protects the confidentiality of the communications that transpire between clients and their lawyers. This helps to ensure that clients can get the best possible legal advice without fear that their communications will be disclosed.

Here are some additional things to know about attorney-client privilege:

  • The privilege in question belongs to the client and not the lawyer. This means that the client can waive the privilege at any time.
  • The privilege can be asserted against third parties, such as the government or opposing parties in a lawsuit.
  • The privilege can be used to prevent the disclosure of documents, as well as oral communications.
  • The privilege is not absolute, and there are some exceptions to it.

If you are unsure whether the attorney-client privilege applies to your situation, you should consult with an attorney.

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