In attorney-client privilege, if a client shows a letter to a non-attorney third party before sending it to the attorney, the privilege is likely:

In attorney-client privilege, if a client shows a letter to a non-attorney third party before sending it to the attorney, the privilege is likely:

• A. Not waived
• B. waived only if the third party was not necessary to provide legal services
• C. Not waived if the third party assisted in providing legal services
• D. Waived because the third party was not necessary to provide legal services

Answer: (D)

The key idea is that attorney-client privilege protects communications made in confidence for seeking or receiving legal advice, but only as long as no one outside the necessary legal team is present. If a client shows a letter to a non-attorney third person, that disclosure breaks the confidentiality and typically destroys the privilege unless that third person’s involvement was actually necessary to provide legal services (for example, a translator or a consultant essential to rendering legal advice). In this scenario, a non-attorney third party is not necessary to provide legal services, so the privilege is waived.

The key idea is that attorney-client privilege protects communications made in confidence for seeking or receiving legal advice, but only as long as no one outside the necessary legal team is present. If a client shows a letter to a non-attorney third person, that disclosure breaks the confidentiality and typically destroys the privilege unless that third person’s involvement was actually necessary to provide legal services (for example, a translator or a consultant essential to rendering legal advice). In this scenario, a non-attorney third party is not necessary to provide legal services, so the privilege is waived.