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Attorney/Client Communications are Privileged - Most of the Time - Part 3

Posted by attorney Theodore Robinson

One thing to remember is that once an attorney refuses to take the client on as a client, or finishes his/her employment efforts for that client, then anything else that's communicated by the client is no longer privileged and it may be disclosed by the attorney or his/her employees. Another interesting thing to remember is if the communication is not made in furtherance of the particular reason the attorney was being employed to do, then that communication is no longer privileged either. If the person who has been told a secret has presented himself as an attorney and is actually no longer an attorney, then the privilege does not exist. If the client has been informed that the attorney is no longer available to be his/her attorney and the client refuses to accept such an answer and instead informs the attorney of the facts of the case and the attorney is now a Judge or a DA, that is no longer a privileged communication and it may be disclosed under Subpoena.

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