My friend got into a significant car accident and is going to sue the other person. Would it raise any issues with my firm (or destroy client confidentiality?) if I sit it on phone calls between her and her lawyer? I'm not a litigator so not used to this world.

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Posting as :
works at
You are currently posting as works at

If you are present for her communication with her attorney, then your presence as a third-party could waive attorney-client privilege. A quick Westlaw search for cases in your state on this topic can tell you more.

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Is the third party also her attorney? If not then it does not count

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Don't do it. Also if you're not a litigator, why would you do that? Don't see how you could provide any benefit

likesmart

Why would a lawyer outside your firm and practice area be sending you work to review 🤔🤔

This would destroy A/C privilege. Not a good idea.

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Wouldn’t that destroy privilege?

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Destroys privilege

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Don't do this.

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My firm has restrictions about practicing law outside of the firm. You want to check your firm’s policies (speak to your office of general counsel if the answer isn’t clear). You may also need to run conflicts too.

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“In general, when a third person is present, the attorney-client privilege continues to apply if that third person is there in order to aid the cause. Put more specifically, the third person must be present while fulfilling a role that furthers the defendant's legal representation. The person might be part of the lawyer's staff, an outside party with relevant expertise (for instance, an investigator), an interpreter, or even a relative who acts in an advisory role.”

Isn’t this OP?

@AA1 The "relative" reference is probably to parents of minors and children of elderly parents. I think there's caselaw out there about those.

Not just any relative.

Agree with AA1 on the agent aspect.

smart

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