The Fiduciary Exception: When the Attorney-Client Privilege Is Not Yours

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.