Attorney-Client Privilege: Waiving the Privilege
The attorney-client privilege is one of the oldest and most important evidentiary privileges in the US. It protects confidential attorney-client communications that relate to legal advice from disclosure to third parties. The purpose of the attorney-client privilege is to promote full and frank communications between attorneys and their clients. The protections afforded by the attorney-client privilege are absolute. They cannot be overcome by an adversary's showing of substantial need. However, under certain circumstances, the privilege may be waived. This Practice Note discusses the key issues to consider in determining whether the attorney-client privilege has been waived.