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Attorney/Client Communications are Privileged - Most of the Time - Part 5

Posted by attorney Theodore Robinson

A confidential communication can be an oral statement or a written statement. However, it can also take the form of a deed or action by the client such as showing a murder weapon to an attorney. The confidential privilege also extends to any act or statement made by the client's agent to the attorney made in confidence on behalf of the client. However, an important exemption to the rule is any information obtained by the attorney during his/her representation of the client from a third party is NOT privileged. Another exception to the rule is the attorney may be compelled to produce any papers that the client may have given him/her which the client himself would have been forced to give up by operation of law, such as a Subpoena or Discovery notice.

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