Working with Attorneys

The privilege is not absolute.  There are exceptions.

Most states around the country provide that the attorney-client privilege is not absolute and that there are exceptions to the privilege.  Typically, these jurisdictions provide that there is no privilege:

(1) Furtherance of Crime or Fraud: if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

(2) Breach of Duty between Lawyer and Client: as to communications relevant to an issue of breach of duty by a lawyer to the client or by a client to the lawyer; and

(3) Joint Clients: as to a communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients.

Various other exceptions apply in different jurisdictions.  If you should ever have questions about the attorney-client privilege, just ask your attorney.  He’ll be pleased to discuss it with you.