We asked for production of all records of communication between defendant and an attorney. If this attorney was representing the defendant, then maybe these records are privileged, but what if the attorney never represented him? When someone objects based on attorney/client privilege, don't they have to show evidence that the attorney represented him?
Typically, the attorney will provide a "privilege log" detailing items that will not be revealed. All the party needs to establish is that the client contacted the attorney about the matter with the expectation of representation. Even consultations are privileged. Formal representation is not required.
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I agree with the prior response.
Communication between an attorney and a party is privileged when the party speaks to the attorney for the purposes of a consultation in contemplation of possibly hiring that attorney, or if the attorney has been hired. That privilege can be waived however, if the party claiming the privilege has ever said anything about the relationship that should or would otherwise be considered privileged. If the communication was between friends with no connection to representation whatsoever, then you would have a good argument, but I imagine such a set of circumstances would rarely be admitted to under the scenario you describe. Same goes for you. Hope that helps answer your question.
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