Can the Attorney-Client Privilege Be Waived?

As discussed in last week’s blog entry, attorney-client privilege is more complex than most clients realize. One of the purposes of attorney-client privilege is to help the client speak openly and honestly to their attorney without having to worry about whether the information will go beyond the four walls of the attorney’s office.

Clients can waive this privilege, either by putting it in writing or thought their actions. If a court determines that steps were not taken to make sure the information was held in confidentiality, the court may determine that the client waived his right to exercise the privilege. The attorney-client relationship works best when the client is able to speak openly and honestly with his attorney. If you are worried that your actions may have caused you to waive attorney-client privilege, the best thing to do is ask your attorney.