Can the attorney-client privilege be waived only by the client?
Asked by: Alberto Cruickshank | Last update: July 21, 2025Score: 4.3/5 (64 votes)
Since the client, and not the attorney, holds the privilege, the client holds the ultimate authority to assert it or waive it.
Can you selectively waive attorney-client privilege?
This approach is called “selective waiver,” which means that a corporation can selectively waive the attorney-client privilege in favor of the government but that such waiver won't constitute a general waiver.
Can the attorney-client privilege only be raised by the defendant?
While it is often associated with the defendent, either an attorney or a client can invoke the attorney-client privilege. This privilege protects confidential communications in the legal system, and supports a defendant's right to remain silent, consult legal counsel, and their right to defend themselves in court.
Which of the following are exceptions to the attorney-client privilege?
CRIME/FRAUD EXCEPTION: Pursuant to §90.502(4)(a), there is no attorney-client privilege when the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.
Who can waive attorney-client privilege for a corporation?
"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.
Can Attorney-Client Privilege Be Waived? - CountyOffice.org
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 a former employee waive attorney-client privilege?
Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, but Cannot Waive Its Privilege.
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.
What is the federal rule for attorney-client privilege?
In this rule: (1) “attorney‐client privilege” means the protection that applicable law provides for confidential attorney‐client communications; and (2) “work‐product privilege” means the protection that applicable law provides for tangible material (or its intangible equivalent) prepared in anticipation of litigation ...
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.
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 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 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.
Why would a client waive privilege?
If a party places its privileged information “at issue” in a lawsuit, the attorney-client privilege is generally waived. Waiver occurs if the party places the privileged information “at issue” through some affirmative act for its own benefit if maintaining the privilege would be manifestly unfair to the opposing party.
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 are the exceptions to solicitor client privilege?
The Court noted that communications between a lawyer and a client are privileged, subject to exceptions for (1) communications which are themselves criminal or which counsel a criminal act or (2) information which is not a communication but is rather evidence of an act performed by counsel or a mere statement of fact.
What is the subject matter waiver of attorney-client privilege?
An evidentiary rule or common law doctrine under which a party's disclosure of privileged or work product-protected communications or information removes the attorney-client privilege or work product protection for related, but undisclosed, communications or information.
What is the rule 502 for attorney-client privilege?
Under Rule 502(d), however, the court may issue an order providing that a party's disclosure of documents protected by the attorney-client privilege or work product protection does not waive the privilege (unless there was an intent to waive the privilege).
Does attorney-client privilege work both ways?
For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney–client privilege will still protect the communication to the attorney, but will not protect the communication with the third party.
Which of the following is an exception to 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.
Can an attorney testify against a former client?
Almost all jurisdictions have legal and ethical rules that explicitly state that a lawyer cannot testify against their client except, perhaps if it is in a very limited circumstance.
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 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.
Does attorney-client privilege survive termination?
The protections of the attorney-client privilege survive indefinitely. This means that the protections remain in place even when the attorney-client relationship ends, no matter if the relationship ends due to voluntary termination or due to the death of one of the parties.
What does it mean to break attorney-client privilege?
If someone other than the lawyer or client is present during a confidential conversation, information shared in that conversation no longer qualifies as privileged communication and may be used as evidence in court if necessary.