The attorney-client privilege prohibits “the discovery of confidential communications, oral or written, between an attorney and his [or her] client with reference to…litigation pending or contemplated.” State ex rel. Terminal R.R. Ass’n of St. Louis v. Flynn, 25 S.W.2d 69, 73 (Mo. 1953). The attorney-client privilege is destroyed if a client shares the privileged information…
Legal Articles
Work Product, Waiver
Confidential communications between attorney and client are privileged and generally exempt from discovery or disclosure. Attorney work product, both tangible and intangible, is also protected — and is often equally as important. Attorney work product applies to two different types of information: (1) opinion work product and (2) trial preparation materials. Opinion work product relates…
The Attorney-Client Privilege in Estate, Trust and Will Litigation
Evidence is important in all litigation, but it is especially important in estate litigation because it can be hard to acquire. In cases involving claims that an estate document is invalid because of fraud, duress, lack of capacity or undue influence, there is rarely direct evidence; thus, the plaintiff must often rely on circumstantial, indirect evidence. …
Attorney-Client Privilege, Waiver
Although most of the general public is familiar with the concept of the attorney-client privilege, its elements are quite narrow and specific. The attorney-client privilege applies if (1) there is an attorney-client relationship at the time the communication was made or advice was given and (2) relationship existed with respect to the subject matter of the…
When are communications protected by the Attorney-Client Privilege?
The attorney-client privilege attaches when there are (1) communications between (2) attorney and client related to (3) legal counsel. When communications are subject to the attorney-client privilege, then neither the attorney nor the client may be compelled to testify as to the substance of the communication. Do note that the client is the “holder” of…
Marital Privilege Communication, Divorce
The law contains a number of exceptions as to when a person may be compelled by a Court to testify. Common examples include when the attorney-client privilege applies or when the 5th amendment privilege against self-incrimination applies. Attorneys cannot be compelled to testify as to the subject matter of their legal communications with a client…