Can a personal representative waive attorney-client privilege?
Asked by: Pablo Breitenberg | Last update: July 15, 2025Score: 5/5 (16 votes)
The court held that “just as the attorney-client privilege itself survives the death of the client for whose benefit the privilege exists, the right to waive that privilege in the interest of the deceased client's estate also survives and may be exercised by the decedent's personal representative.”
Who can waive corporate attorney-client privilege?
"The power to waive the corporate attorney-client privilege rests with the corporation's management and is normally exercised by its officers and directors." Weintraub, 471 U.S. at 348; see also, ABA/BNA Lawyer's Manual, at 91:2205; United States v.
What voids attorney-client privilege?
Imminent death or harm. Your attorney can't be held to attorney-client privilege if they believe that keeping your confidence would result in death or significant physical harm to someone.
Which of the following are exceptions to the attorney-client privilege?
Crime or Fraud Exception.
If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
What is the fiduciary exception to the attorney-client privilege?
Under the fiduciary exception, legal advice provided to plan fiduciaries acting in their fiduciary capacity is not protected by the doctrine of attorney-client privilege and may be discovered by plan participants and beneficiaries (and those who stand in their shoes) in litigation.
Can Attorney-Client Privilege Be Waived? - CountyOffice.org
What is the garner exception to the attorney-client privilege?
The Garner Fiduciary Exception
Where a fiduciary duty is owed to the shareholder or member, that shareholder or member must show good cause why the attorney-client privilege should not protect those communications from disclosure.
What is the fiduciary duty exception?
Courts applying the fiduciary duty exception reasoned “that the normal attorney-client privilege did not apply in [the situation where the beneficiary was seeking advice for the administration for the trust] because the legal advice was sought for the beneficiaries' benefit and was obtained at the beneficiaries' ...
What is the common interest exception to the attorney-client privilege?
Under the common interest doctrine, an attorney can disclose confidential information to an attorney representing a separate client without waiving the attorney-client privilege or attorney work product protection “if (1) the disclosure relates to a common interest of the attorneys' respective clients; (2) the ...
What is an objection to attorney-client privilege?
Attorney-Client Privilege
When the objection from the other lawyer is due with privilege information, the judge will rule objection sustained, which means the question is not permitted, and the witness does not have to respond to the question.
What type of information is not protected by attorney-client privilege?
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.
What is the Upjohn warning?
A typical Upjohn warning consists of an explanation that the lawyer repre- sents the company, not the individual. Therefore, anything revealed during the course of the interview is only privileged as between the lawyer and the com- pany.
What is the burden of the attorney-client privilege?
The party seeking to invoke the attorney-client privilege has the burden to show that the attorney-client relationship existed, the communication was confidential, and the privilege was not waived. This showing can be nuanced.
When can privileged communication be broken?
Some relationships that provide the protection of privileged communication include attorney-client, doctor-patient, priest-parishioner, two spouses, and (in some states) reporter-source. If harm—or the threat of harm—to people is involved, the privileged communication protection disappears.
Can personal representative waive attorney-client privilege?
The court held that “just as the attorney-client privilege itself survives the death of the client for whose benefit the privilege exists, the right to waive that privilege in the interest of the deceased client's estate also survives and may be exercised by the decedent's personal representative.”
What is an offensive use waiver?
An offensive-use waiver is when someone gives up their right to keep their conversations with their lawyer private because they are using that information to try and win a case. This happens when the information is really important to the case and the other side can't get it any other way.
What is the Upjohn test?
An Upjohn warning should state that the attorney represents the corporation and not the interviewed employee, inform them that the corporation holds the attorney-client privilege, confirm that the conversation is occurring because the employee has information not generally available elsewhere and that the attorney ...
What is waiving attorney-client privilege?
Waiver of Attorney-Client Privilege. As a general principle, “[t]he attorney-client privilege is waived when the holder of the privilege voluntarily discloses the privileged material to a third party.”36 If you fail to assert a claim of privilege, it is likely waived.
What are the consequences of the attorney-client privilege?
Otherwise, a lawyer who breaches the attorney-client privilege could face serious consequences for an ethical violation, such as disbarment and criminal charges.
What is objection inflammatory?
Inflammatory questions or an inflammatory statement can be objected to within a trial by the opposing counsel. An inflammatory question or an inflammatory statement would be one which would somehow predispose the listeners towards a subject in an unreasonable, prejudiced way.
Which of the following is an exception to attorney-client privilege?
Not all attorney-client communications are privileged.
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.
What is the definition of a common interest?
A common interest is a shared, mutual interest between two or more parties in a commercial agreement. It's like a shared goal, something that both parties want to achieve from their partnership.
Is attorney-client privilege federal?
In the federal courts
If the case involves a federal question, the federal court will apply the federal common law of attorney–client privilege; however, Rule 501 grants flexibility to the federal courts, allowing them to construe the privilege "in light of experience and reason".
What are the three breaches of fiduciary duty?
A fiduciary cannot use its position of trust to further private interests. In our experience, litigation often results from three common species of loyalty breaches: (1) self-dealing transactions, (2) usurpation of business opportunities, and (3) misappropriation of company funds for personal use.
Can you waive fiduciary duty?
The fiduciary duty to loyalty has been a core part of U.S. corporate governance policies for decades. In recent years, though, states have passed corporate opportunity waiver laws that permit companies to waive this duty for managers and fiduciaries who find new business opportunities through their roles.
What is a breach in fiduciary duties as an executor?
Defining a Breach of Duty
Misappropriating money or assets from the trust or estate. Paying themselves large fees to act as executor. Selling assets at prices unfavorable to the estate. Failing to take action or respond to beneficiaries' requests.