Working with Attorneys

The privilege can be waived

As powerful as the attorney-client privilege is, it is critical to note that the attorney-client privilege can be waived, and many courts hold that the intentional disclosure of privileged legal advice to third parties effects such a waiver.

Thus, to preserve the attorney-client privilege for your benefit, most good lawyers strongly encourage you not to disclose to others the substance of the legal advice given to you by your lawyer without consulting your lawyer in advance.

You may decide, of course, in particular circumstances, that you actually want, for business or other reasons, to engage in activities and / or disclosures that may result in a waiver of the privilege; however, whenever possible and convenient, it is generally preferable to obtain legal counsel prior to taking such steps so as to ensure that your decisions are fully informed.