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Are communications between attorneys privileged? I am representing myself.

Burlingame, CA |

Have a very difficult situation that needs to be addressed, however want to keep the details confidential between the parties.

Attorney Answers 3


  1. No. Communications between an attorney and client are perhaps privileged and confidential -- not generally between the parties or their attorneys who represent adverse interests.

    There are limited circumstances, such as when a confidentiality agreement has been executed, where communications between the parties, including their attorneys, may be confidential.

    There are other circumstances, such as during mediation, when communications are privileged, i.e., they cannot be used as evidence in any proceeding for any purpose.

    Since you are representing yourself, however, you should assume that none of your communications are confidential or privileged. BTW, they are two different concepts, although related. Good luck.

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  2. Communications between attorneys are not privileged.

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  3. No, as noted by the other responses communications between attorneys are not privileged. Moreover, expect the opposing counsel to use it to his or her advantage. He or she also has responsibilities to his or her client, so if what you are planning on communicating involves your opponent, the attorney will have a duty to disclose it to the client and doesn't owe you any obligations in that regard. Representing yourself against an experienced attorney is generally never a good idea...

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