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It is actually an extremely complex analysis that is dependent on the facts and the jurisdiction (applicable law). It simply isn't applicable to my communicati
by throwaway_USD 6y ago
It is actually an extremely complex analysis that is dependent on the facts and the jurisdiction (applicable law). It simply isn't applicable to my communications with a 3rd party recruiter from LinkedIn which was not regarding legal advice but potential employment, nor did my comment contain any confidential information protected by the privilege.
To address some of the other responses (common myths):
1. It does not require the exchange of $1 for the attorney-client privilege to apply. For example attorney-client privilege will generally apply to free consultations and it will equally apply in the case of pro bono (free) legal services from groups such as ACLU or EFF to their clients.
2. Attorney-client privilege does not require an agreement for representation to apply (again think of a consultation before an agreement to represent where the privilege applies).
As far as a "rule of thumb" a decent summary by the ABA is:
"Nevertheless, there are some rules that generally apply to most, if not all, jurisdictions. For attorney-client privilege to apply to a communication, the general rules require that: (1) the communication be between a client and an attorney (i.e., an individual having a law degree and bar membership, and acting as an attorney for the client) or an agent of an attorney (e.g., a tax accountant, a patent agent, a forensic investigator, a technical analyst, or an expert); (2) the communication be made by the client and contain confidential information; (3) the communication be made outside the presence of a nonprivileged third party; (4) the communication be made for the purpose of securing legal advice; and (5) the privilege has not otherwise been waived. Privileged communications can be written or oral, but only communications between or among “privileged” persons are protected.
- anitil 6y agoThanks for clarifying this. I didn't mean to imply that you'd violated any trust here, I was just curious. And obviously you're being discreet with the use of a throwaway.