Who can waive the Attorney’s privilege?

Who can waive the Attorney’s privilege?

See Attorney Privilege Concepts

The individual client
-Agent’s implied authority to waive
Joint clients and participants in common defense
-Waiver of joint privilege by criminal defendant
Corporate o cers and directors on behalf of corporation
Corporate o cers and directors on their own behalf
Corporate employees (past and present)
Corporate attorney
Corporate bankruptcy trustee
Attorney as agent of client
Third parties
-Bankruptcy trustee
–As successor-in-interest to management of corporate debtor
–Individual debtor
-Bankruptcy examiner or debtor-in-possession
-Receiver
-Representative, executor, trustee of estate or trust
-Devisees, heirs, and legatees
-Partnerships
Third Parties-Governmental entities

Scope of Waiver in the Attorney Client Privilege

Introduction
Selective waiver and subject matter of waiver
Scope of waiver of derivative claim
De ning subject matter of waiver
Scope of the waiver; whose communications with the client are waived?
Scope of waiver might not extend beyond disclosed communication
-Future litigation

-Disclosure by attorney of materials prepared for client
-Disclosure by attorney of pre-existing documents communicated by client
Individuals to whom the waiver runs and who may have access to communications
Limited waiver
-Logic of limited waiver
-Implicit recognition of limited waiver
–Disclosures during negotiations
–Express reservations accompanying disclosures
–Protective orders

-Collateral estoppel

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Attorney Client Privilege Concepts.


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