Sixteen Ways to Waive the Attorney-Client Privilege

  • Disclose attorney-client communications to relatives or friends
  • Speak with your attorney (or client) in the presence of third parties
  • Use your company's computer to contact your personal attorney
  • Tell corporate counsel about conversations with your personal attorney
  • Disclose attorney-client communications to your personal accountant
  • Disclose attorney-client communications to the company's outside auditors or investment bankers (some courts)
  • Give business, not legal, advice
  • Share the report of counsel's internal investigation with the government
  • Assert advice of counsel defense in litigation
  • Designate an attorney as deponent for the company
  • Designate an attorney to verify discovery response
  • Produce attorney-client privileged communications to an adversary
  • Seek a new trial or other relief based upon ineffective assistance of counsel
  • Sue your attorney for malpractice
  • Sell the company to new owners who may waive the privilege
  • Bankrupt or dissolve your company
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