Which situation typically constitutes a waiver of the attorney-client privilege?

Which situation typically constitutes a waiver of the attorney-client privilege?

• A. The client and attorney discuss non-legal matters
• B. Third party present in communication
• C. The client instructs the attorney to withhold the communications
• D. The communications are disclosed in court under seal

Answer: (B)

Attorney-client privilege protects confidential communications between a client and lawyer made to seek or receive legal advice. A waiver happens when that confidentiality is broken, most commonly when a third party is present in the communication. If someone not essential to providing legal services sits in on the dialogue, the communication is no longer treated as strictly between client and attorney, so the privilege for that conversation is waived. The other scenarios don’t demonstrate the typical waiver: discussing non-legal matters can fall outside the privilege; instructing the attorney to withhold communications preserves confidentiality; and court disclosures, even under seal, involve different considerations and aren’t the classic waiver example. The presence of a nonessential third party in the conversation is the standard way the privilege is waived.

Attorney-client privilege protects confidential communications between a client and lawyer made to seek or receive legal advice. A waiver happens when that confidentiality is broken, most commonly when a third party is present in the communication. If someone not essential to providing legal services sits in on the dialogue, the communication is no longer treated as strictly between client and attorney, so the privilege for that conversation is waived. The other scenarios don’t demonstrate the typical waiver: discussing non-legal matters can fall outside the privilege; instructing the attorney to withhold communications preserves confidentiality; and court disclosures, even under seal, involve different considerations and aren’t the classic waiver example. The presence of a nonessential third party in the conversation is the standard way the privilege is waived.