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If you think all attorney-client communications are privileged, think again. The "fiduciary exception" to the attorney-client privilege could defeat a fiduciary's privilege claim. The attorney-client privilege is far narrower in scope and application than many think. What does it cover? In short, it protects from disclosure confidential communications made by or to a client for the purpose of facilitating the rendition of legal advice to the client. The privilege is premised on the policy rationale that assumes that open consultation between client and counsel ensures that counsel is reasonably informed and able to provide better legal advice.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.