Can a lawyer waive the attorney-client privilege on behalf of the client?
Samuel C. Stretton.
The answer is fairly straightforward. It is surprising that lawyers do not always understand who can waive the privilege. The bottom line is, only the client can waive the attorney-client privilege. One exception might be if the client is under some sort of disability under Rule 1.14, and perhaps there might be some circumstances where the attorney can waive the privilege on behalf of the client, but those circumstances would have to be carefully analyzed and reviewed.
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