Does a party have waived attorney-client privilege by acting as a party to a confidential communication?
"New York", United States of America
The following excerpt is from People v. Harris, 442 N.E.2d 1205, 456 N.Y.S.2d 694, 57 N.Y.2d 335 (N.Y. 1982):
1 Thus, this case does not present a situation in which it is claimed that defendant, through actions occurring subsequent to the confidential communication, has waived the attorney-client privilege (People v. Lynch, 23 N.Y.2d 262, 271, 296 N.Y.S.2d 327, 244 N.E.2d 29). Rather, in this case, defendant's choice to speak to an attorney in the presence of third parties effectively prevented the privilege from attaching.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
Does the inclusion of a third party on a confidential communication between a lawyer and a client constitute attorney-client privilege? (MultiRegion, United States of America)
Does the inclusion of a third party on a confidential communication between a lawyer and a client constitute attorney-client privilege? (MultiRegion, United States of America)
What is the burden on a party claiming the protection of privilege to establish the facts that are essential elements of the privileged relationship? (MultiRegion, United States of America)
What is the current state of the law on the interpretation of the Exchange Act in relation to allegations of misappropriation of confidential or confidential information? (MultiRegion, United States of America)
Is confidential marital communications privilege more sacred than the Fifth Amendment? (MultiRegion, United States of America)
Does the marital communications privilege apply to communications between spouses? (MultiRegion, United States of America)
Does the marital communications privilege apply to communications between spouses? (MultiRegion, United States of America)
What is the test for determining whether a party engaged in a discriminatory act of discrimination against a third party? (MultiRegion, United States of America)
What is the test for determining whether a municipality's failure to act was a contributory factor in the failure of a third party to act on a complaint? (MultiRegion, United States of America)
