When the Privilege Waiver Is Unclear

In the attorney discipline business, privilege waiver is a central issue. When a client files a state bar complaint against his attorney, privilege is waived, subject to nuances. (Of course, isn’t everything in law subject to nuances?) What this amounts to is that you have a right to defend yourself from allegations by a former client. A Brief Statement of Nuances. Waiver is not necessarily wholesale. If a client has made an issue to the third-party regulator of an attorney’s conduct in his representation of the client, then the client has impliedly waived privilege as to issues related to the conduct he has called into question. That does not mean the client has waived privilege as to every communication he's ever had with his lawyer. ... READ THE REST

June 11, 2015 0 1