What is not protected by attorney-client privilege?

The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client’s communication to her attorney isn’t privileged if she made it with the intention of committing or covering up a crime or fraud.

How do you lose attorney-client privilege?

To preserve the privilege, the attorney should move to quash the subpoena and then produce the information only after being ordered by a court to do so. A privilege can also be lost by inadvertent disclosure such as, for example, accidentally producing the document in response to a discovery request during litigation.

What are the exceptions to the attorney client privilege?


  • Death of a Client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs, legatees or other parties claiming under the deceased client.
  • Fiduciary Duty. …
  • Crime or Fraud Exception. …
  • Common Interest Exception.

Are lawyer to lawyer communications privilege?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients’ secrets, nor may others force them to.

Are drafts privileged?

Some lawyers mistakenly assume that the privilege protects all of their changes to clients’ draft documents. However, every withheld change in such draft documents must meet the “primary purpose” test to deserve privilege protection. Typographical and stylistic revisions generally do not deserve privilege protection.

Are conversations between attorneys privileged?

No. Communications between an attorney and client are perhaps privileged and confidential — not generally between the parties or their attorneys who represent adverse interests.

Why do lawyers say this is not legal advice?

The “this is not legal advice” disclaimer is a “cover your ass” statement meant to make perfectly clear that any communication between a practicing attorney and a non-client is not interpreted, in any way, as an attorney-client communication providing formal legal advice.

How do I waive the attorney-client privilege?

A client waives the privilege if he or she discloses otherwise privileged communications to a third party or if a third party is present during the communication between the client and attorney. Both of these circumstances destroy the privilege.

What type of communications are protected by attorney-client privilege?

Virtually all types of communications or exchanges between a client and attorney may be covered by the attorney-client privilege, including oral communications and documentary communications like emails, letters, or even text messages. The communication must be confidential.

Are emails between two attorneys privileged?

Even a communication between two non-lawyers can be privileged if it is discussing legal advice provided by counsel. To catch these references, one must pay close attention to the substance of the communication and understand the types of legal issues being considered and by whom.

Are emails between opposing attorneys privileged?

Lawyers cannot “cc” clients represented by opposing counsel – an action that blatantly violates Rule 4.2. If emails are sent to opposing counsel’s clients, consent must first be granted to the sending lawyer by the opposing counsel.

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