Avoiding Privilege Pitfalls in New York Divorces
Unintentionally waiving privilege or engaging in communications that fall outside privilege from the start can put both the client's interests and the attorney-client relationship at risk.
August 02, 2023 at 10:00 AM
6 minute read
Many clients have a cursory understanding of attorney-client privilege, usually along the lines of "anything I say to my lawyer is confidential." While that belief is, for the most part, true, the attorney-client privilege is not absolute.
As client confidence in the privilege is critical, a key aspect of the attorney's duty to protect privilege should be educating and managing the client with regard to the scope and limits of privilege.
Though the issue applies to all types of cases, divorce matters are particularly fraught with potential "privilege pitfalls." Emotions are running high, elements of the litigants' personal lives are brought to the forefront of the case, and friends and family often become enmeshed in the case as confidants, shoulders to cry on, and, possibly, as witnesses. As a result,
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