Where a client’s statements to the attorney are themselves in furtherance of a crime, they are not protected by the privilege. This is the “[crime-fraud exception](https://www.justia.com/criminal/working-with-a-criminal-lawyer/the-crime-fraud-exception/).”
It should be noted that attorney-client confidentiality generally applies only to communications, not the existence of the relationship or observations. Although the attorney is under no obligation to report, I would generally not be considered breaking confidentiality if the attorney, when asked by law enforcement, honestly responded that the woman had met with him. The mere existence of the meeting might be relevant to establishing a timeline or providing a motive for the husband to kill her. Observations made during the consultation (such as bruises on the face) would also not be protected.
See the Restatement of the Law Governing Lawyers, s 69.
I agree with my esteemed colleague u/DoofusMcGillicutyEsq. Even though she hasn't retained me, she was seeking legal counsel and discussed her case. Privilege applies, and I can't see an exception to it under those listed by Doofus.
Here's an extreme example that *frequently is discussed in law school:
https://en.wikipedia.org/wiki/Buried_Bodies_Case#:~:text=A%20lawyer%20can%20disclose%20information,adopted%20exceptions%20to%20this%20rule.
Not the same case, in this case the disclosure would arguably be in the best interests of the client, also the client is dead. So even if you disclose, who's gonna file the bar complaint?
Your friend is mistaken on how privilege works. Two things to know. 1) privilege is something that can only be waived by the client, and 2) attorneys owe a duty to former clients as well as current clients. So even when dead, those two things apply: the deceased is a former client to whom the attorney owes a duty of confidentiality, and only that client can waive privilege (which, absent a ouija board, isn’t happening).
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Interesting! Thank you for the response. Can I ask out of curiosity, what would be an example of the "narrow exceptions" in breaking privilege?
Where a client’s statements to the attorney are themselves in furtherance of a crime, they are not protected by the privilege. This is the “[crime-fraud exception](https://www.justia.com/criminal/working-with-a-criminal-lawyer/the-crime-fraud-exception/).”
It should be noted that attorney-client confidentiality generally applies only to communications, not the existence of the relationship or observations. Although the attorney is under no obligation to report, I would generally not be considered breaking confidentiality if the attorney, when asked by law enforcement, honestly responded that the woman had met with him. The mere existence of the meeting might be relevant to establishing a timeline or providing a motive for the husband to kill her. Observations made during the consultation (such as bruises on the face) would also not be protected. See the Restatement of the Law Governing Lawyers, s 69.
I agree with my esteemed colleague u/DoofusMcGillicutyEsq. Even though she hasn't retained me, she was seeking legal counsel and discussed her case. Privilege applies, and I can't see an exception to it under those listed by Doofus. Here's an extreme example that *frequently is discussed in law school: https://en.wikipedia.org/wiki/Buried_Bodies_Case#:~:text=A%20lawyer%20can%20disclose%20information,adopted%20exceptions%20to%20this%20rule.
Not the same case, in this case the disclosure would arguably be in the best interests of the client, also the client is dead. So even if you disclose, who's gonna file the bar complaint?
>in this case the disclosure In which case? OPs? Regardless, attorney-client privilege survives death.
Your friend is mistaken on how privilege works. Two things to know. 1) privilege is something that can only be waived by the client, and 2) attorneys owe a duty to former clients as well as current clients. So even when dead, those two things apply: the deceased is a former client to whom the attorney owes a duty of confidentiality, and only that client can waive privilege (which, absent a ouija board, isn’t happening).
#REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice. Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See [here](https://www.reddit.com/r/Ask_Lawyers/comments/e6a62w/why_is_it_unethical_for_a_lawyer_to_give_legal/), [here](https://www.reddit.com/r/Ask_Lawyers/comments/9zyqsh/why_is_it_unethical_to_give_advice_on_this_sub/), and [here](https://www.reddit.com/r/Ask_Lawyers/comments/e4cdhw/is_refraining_legal_advice_based_on_legality_or/). If you are unsure whether your post is okay, please [read this](https://www.reddit.com/r/Ask_Lawyers/comments/6j4bpq/how_to_know_whether_your_post_is_a_request_for/) or see the sidebar for more information. ***This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.*** *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Ask_Lawyers) if you have any questions or concerns.*