Any attorney knows the maxim: Disclosing attorney-client communications to a third party breaks the privilege. Often, however, attorneys and clients hire third-party consultants—such as accountants, financial advisers, and public relations agencies—to assist in complex litigation and transactions. In these instances, will the attorney-client privilege be waived?
The Attorney-Client Privilege
The attorney-client privilege applies to “(1) a communication between client and counsel that (2) was intended to be and was in fact kept confidential, and (3) was made for the purpose of obtaining or providing legal advice.” In re Cty. of Erie, 473 F.3d 413, 419 (2d Cir. 2007) (citation omitted). The purpose of attorney-client privilege is “to encourage full and frank communication between attorneys and their clients.” Upjohn Co. v. United States, 449 U.S. 383, 389 (1981).
