A client received a letter from her attorney containing confidential legal advice regarding a business dispute. The client later showed the letter to her neighbor, an accountant, to ask for his opinion on the matter. The neighbor is not involved in the legal dispute in any capacity. Has the client waived the attorney-client privilege with respect to the letter?
Yes, but only if the opposing party can prove that the disclosure was harmful to their case.
No, because the client did not intend to waive the privilege by showing the letter to her neighbor.
Yes, because the client voluntarily disclosed the confidential communication to an unrelated third party.
No, because the neighbor is an accountant, and communications with accountants are also privileged.
The correct answer is that the client has waived the privilege. The attorney-client privilege protects confidential communications between a client and their attorney for the purpose of seeking legal advice. A key element for the privilege to apply is that the communication must remain confidential. When the client voluntarily discloses the privileged communication to an unrelated third party-in this case, her neighbor who is not necessary to the legal representation-she destroys the confidentiality of that communication. This action is considered a waiver of the privilege. The fact that the neighbor is an accountant is irrelevant unless he was retained to assist the attorney in providing legal advice. Sharing the letter with parties essential to the legal representation, such as a paralegal or a retained expert, would typically not waive the privilege.
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What is attorney-client privilege?
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