when does attorney client privilege not apply oklahoma case

One exception when the attorney-client privilege does not apply is if other parties are present when the attorney and the client conversed. Oftentimes, if other parties are present and are able to hear the confidences exchanged between attorneys and their clients, courts will find that the attorney-client privilege has been broken.

Full Answer

When does the attorney-client privilege not apply?

E. A disclosure of a communication or information covered by the attorney-client privilege or the work-product doctrine does not operate as a waiver if: 1. The disclosure was inadvertent; 2. The holder of the privilege took reasonable steps to prevent disclosure; and. 3.

Does attorney-client privilege survive the death of a client?

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Can a paralegal destroy the attorney-client privilege?

between the attorney and client is one of trust and confidence. The communication from the client to the attorney must be made in confidence of such a relationship, and the client must intend his communication to be treated as confidential. 9 . Thus, the privilege does not exist so as to bar the attorney from

Can in-house counsel qualify for attorney-client privilege?

attorney does not want the materials to be discoverable. Cognizant of the fact that, under Oklahoma law, the disclosure of the materials to a third party under these circumstances will waive the attorney-client privilege, 1. the attorney is left reliant on the work product protection. Does disclosure

What is not subject to attorney-client privilege?

Certain materials and information are usually not subject to the attorney-client privilege. For instance, the fact that an attorney is representing a given client is usually not protected by this privilege. In addition, fee agreements between attorney and client are commonly not subject to the attorney-client privilege, even though the agreement is a communication between attorney and client. Moreover, even if the subject matter of a given meeting is protected by the attorney-client privilege, other information about a particular meeting might not be protected. For instance, parties may need to reveal how long a meeting between attorney and client took place, who was present at the meeting, where the meeting occurred, and other information. Oftentimes, the attorney-client privilege is not as broad as individuals may think, and there a number of times when the attorney-client privilege does not apply to specific types of documents and information.

Why is attorney-client privilege important?

It is important in our legal system that attorneys and clients have candid conversations about the client’s legal situation, even if the client may have broken the law. Generally, conversations about a client’s position and how this may be illegal will be protected by the attorney-client privilege. However, if the client uses the advice of the attorney in furtherance of a crime or a fraud, this might be another situation when the attorney-client privilege does not apply. Courts do not want parties to engage in illegal activity and then hide behind the shield of the attorney-client privilege to avoid detection. As a result, if a client wishes to use legal advice to further fraudulent or illegal activity, they may not be able to use the attorney-client privilege to avoid revealing information.

Can an attorney reveal the confidences of a client who has passed away?

Generally, the attorney-client privilege survives the death of a client, and an attorney cannot reveal the confidences of a client who has passed away. However, there are certain instances when an attorney may be compelled to reveal information about the client that the attorney learned while the client was alive. For instance, if litigation ensues about the deceased client’s estate plan, a court may hold that an attorney needs to reveal confidences to ensure that the client’s wishes are best carried out. In addition, courts may require that attorneys reveal the confidences of clients who may have passed away in order to assess whether the client had sufficient mental capacity to establish an estate plan.

Other Parties Present

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Crime Or Fraud Exception

Information Exchanged During Certain Proceedings

Specific Documents and Information

Death of A Client