Whenever I meet with more than one client (whether they be married, business partners or whatever), before any discussion of legal issues. I talk with them about what a joint representation means.
Part of that discussion includes attorney-client privilege. I inform them that although there is attorney-client privilege as to the outside world, they are waiving attorney-client privilege as to each other.
I confirm the above in my engagement letter signed by them.
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William Singer Esq.
Belle Mead NJ
(908)359-7873
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Original Message:
Sent: 02-12-2014 13:53
From: Charly Gayden
Subject: Attorney Client Privilege
The only parties that were present were husband and wife and no other third parties. None of the exceptions to Rule 504 or 530 apply. Thanks.
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Charly Gayden Esq.
New Brunswick NJ
(732)828-3333
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Original Message:
Sent: 02-12-2014 13:01
From: Hanan Isaacs
Subject: Attorney Client Privilege
My gut tells me that if a lawyer has a privileged relationship with two people in a single transaction, then both have to consent before a waiver of privilege would be effective.
However, it bears considering whether the communication was privileged in the first place. Were there non-law firm witnesses present? That breaks the privilege. Is there an exception to the privilege on your facts?
Hanan
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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400
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Original Message:
Sent: 02-11-2014 18:40
From: Charly Gayden
Subject: Attorney Client Privilege
Does anyone know the answer to this question or perhaps can point me to some case law on the issue? If an attorney represented a husband and wife prior to divorce complaint being filed and one spouse now wants that attorney to testify in the divorce matter regarding information discussed while the attorney represented them both, must both parties waive the privilege in order for the attorney to testify, or is it permissible for only one to waive the privilege.
Thanks.
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Charly Gayden Esq.
New Brunswick NJ
(732)828-3333
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