By its nature, the attorney-client relationship affords valuable and unique protections. Lawyers are generally required to safeguard the attorney-client relationship, as well as the confidences, secrets, privilege and work product attendant to that relationship. Because the client is generally understood to be the “owner” of the privilege and of its confidential information, the client may refuse to disclose—and prevent others from disclosing—confidential communications between the client and lawyer.  

But the privilege is not absolute and can be subject to waiver, particularly if the client and attorney are not taking sufficient steps to guard the privilege. Indeed, a party seeking to invade the attorney-client relationship or to obtain disclosure of confidential information may try to show that neither attorney nor client acted to protect confidentiality in the relationship.