Attorney-client privilege doesn’t extend to party's mother, Arizona Supreme Court says
The Arizona Supreme Court, clarifying the scope of attorney-client privilege, recently found that in a divorce proceeding, the privilege does not extend to a party’s mother. (Image from Shutterstock)
The Arizona Supreme Court, clarifying the scope of attorney-client privilege, recently found that in a divorce proceeding, the privilege does not extend to a party’s mother.
In a ruling issued Friday, the Arizona Supreme Court stated that while the attorney-client privilege exists to encourage honest communications between lawyers and their clients, it does not automatically apply when a third party gets involved.
During a divorce battle between Cristina Gelvin and Kerr Gelvin, Cristina Gelvin’s mother was communicating with Cristina Gelvin’s lawyer and put in writing that the communications were intended to remain confidential. Kerr Gelvin tried to get access to the communications between the mother and the lawyer leading to a dispute over the scope of attorney-client privilege when third parties are involved, according to a story by KPNX.
The Arizona high court held that communications involving a lawyer and a third party are protected only when that person’s involvement is objectively necessary to help the lawyer communicate with the client or provide legal representation, such as with a translator, a parent helping a minor child or an expert whose assistance is crucial, according to KPNX.
The Arizona Supreme Court also found that a client can’t create attorney-client privilege by signing an agreement saying a third party should be included in confidential communications. Instead, the person claiming the privilege has the burden of proving that the third party’s involvement was necessary.
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