Attorney client privilege - sustany/dvg GitHub Wiki

Attorney-client privilege refers to a�legal�privilege�that works to keep�confidential communications�between an�attorney�and their client private. Communications made to and by a lawyer in the presence of a third party may not be entitled to this privilege on grounds that they are not confidential.�

The privilege can be affirmatively raised in the face of a legal demand for the communications, such as a�discovery�request or a demand that the lawyer testify under oath. A client, but not a lawyer, who wishes not to raise attorney-client privilege as a defense is free to do so, thereby waiving the privilege.

This privilege exists�only when there is�an attorney-client relationship.��

Under the�Model Rules of Professional Conduct, the attorney-client privilege exists for a potential client. Under�Togstad�v. Vesely, 291 N.W.2d 686 (1980), a non-client can claim to be a prospective client if:

• The non-client seeks legal advice,
  • Then the non-client reasonably relies on that advice as legal advice, and 3) the attorney does not attempt to dissuade the non-client from relying on the advice.
• The non-client is considered a prospective client under�Togstad, then the attorney-client privilege will extend to that prospective client.

While attorney-client privilege generally prevents evidence from appearing at trial, a few exceptions exist. As established in Garner v. Wolfinbarger, a corporation is not entitled to attorney-client privilege against its shareholders so long as the shareholders have good cause to breach the privilege. Additionally, communications made to an attorney for the purposes of furthering a crime are not entitled to this privilege.�

Furthermore, some courts can also obtain information despite attorney-client privilege if there exists overriding public policy interest. For example, a lawyer can be required to disclose the location of their client if doing so furthers the wellbeing of a child.�