to what extent can child confer with parents and not waive attorney client privilege

Can a client waive the privilege of a lawyer?

In short, the attorney-client privilege applied. (Stroh v. Gen. Motors Corp., 213 A.D.2d 267 (1995).) Consult a Lawyer. The law on the attorney-client privilege is complex and can vary in subtle ways from one state to another. That's why you should rely on a lawyer for advice—and a full explanation of the law.

What is the attorney-client privilege?

rule, the attorney-client privilege attaches to communications between in-house counsel and representatives of all corporate family members, and this arrangement does not constitute a disclosure that undermines the confidentiality which the privilege requires.2 Each corporate entity is en-titled to assert or waive the privilege

Can a guardian ad litem waive a child's privilege?

Sep 30, 2014 · I. Attorney-Client Privilege Defined A. New York State New York codified the attorney-client privilege in CPLR4503, which provides: Unless the client waives the privilege, an attorney or his or her employee, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his or her

What is privileged when talking to a lawyer?

The privilege generally stays in effect even after the attorney-client relationship ends, and even after the client dies. In other words, the lawyer can never divulge the client's secrets without the client's permission, unless some kind of exception (see below) applies. (United States v. White, 970 F.2d 328 (7th Cir. 1992); Swidler & Berlin v.

Which of the following may not be protected under the attorney-client privilege?

Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!

Can attorney-client privilege be partially waived?

The prevailing view in most circuits is that there can never be "selective waiver" of the attorney-client privilege and therefore, if a company turns over attorney-client privileged information or attorney work product (such as the results of an internal investigation) to the government as part of its cooperating with ...Apr 20, 2018

Can a child be a client?

For example, California gives minors the right to control their own health care information when they otherwise have the right to consent to care. ... (Child emancipation is when a minor becomes legally responsible for their own care before the age of 18.)Sep 27, 2019

Who has the right to waive privilege?

Legal advice privilege protects client/lawyer communications from the time the communication is made until it is waived either by the client or by some other person such as a successor, who is entitled to do so. If there is no one to do so, the privilege, having been established, is absolute and remains in existence.

What happens if you waive attorney-client privilege?

Waiving attorney-client privilege can have a significant impact on the outcome of a legal case because it results in the disclosure of attorney-client communications. In the corporate context, a court may use the per-se waiver approach or case-by-case waiver approach to analyze attorney-client privilege waiver.

How can privilege be waived?

How is privilege waived?Forwarding a privileged email communication to a third party.Sharing (in writing or orally) the substance of the lawyer's advice.“My lawyer says we can't do that” can be a waiver.Including privileged materials in a data room.More items...•Aug 7, 2019

What can therapists tell your parents?

Therapists are required by law to disclose information to protect a client or a specific individual identified by the client from “serious and foreseeable harm.” That can include specific threats, disclosure of child abuse where a child is still in danger, or concerns about elder abuse.

How do you discuss confidentiality with a client?

1:375:33How to explain confidentiality to your client? - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first thing I say straight in everything we talk about will remain confidential. I kind of justMoreThe first thing I say straight in everything we talk about will remain confidential. I kind of just throw it straight out there and then I'll ask do you know what confidentiality.

What are the rules of confidentiality in therapy?

Psychologists generally can't contact anyone else without your written consent. If you have specific concerns about confidentiality or what information a psychologist is legally required to disclose, discuss it with your psychologist. He or she will be happy to help you understand your rights.Oct 19, 2019

What does without waiving privilege mean?

If you waive your right to something, for example legal representation, you choose not to have it or do it.

Can legal privilege be waived?

The general rule is that privilege will only be waived by reference to the contents of legal advice, and not by a reference to its effect.Feb 4, 2021

Why is legal privilege important?

The purpose of Legal Advice Privilege is to allow free access to a lawyer's professional skill and judgment – therefore, there must be a lawyer involved directly in the communication for LAP to apply.Oct 13, 2020

What Is The Lawyer-Client Privilege?

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What Are Exceptions to The Lawyer-Client Privilege?

What Is Waiver of The California Attorney-Client Privilege?

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