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The side making the inadvertent disclosure can demand that the receiving side return or destroy the inadvertently disclosed communication, but if the opponent refuses, an expensive motion is required, and winning is far from a slam dunk.
The general rule is that, by allowing a third party to be present for a lawyer-client conversation, the defendant waives the privilege. That generally means that the prosecution can force the third party to reveal the contents of the conversation.
In addition to attorney-client privilege and conversations with medical professionals and religious officials, privileged communications include those between two spouses, accountant, and client, and, in some states, reporters and their sources.
Waiver: If the client voluntarily discloses the information to a third party, the attorney-client privilege may be waived, and the information may no longer be confidential.
Privilege ? The law of privilege allows parties to maintain confidentiality in their legal communications. In particular, parties may rely on the law of privilege to refuse to produce documents or answer questions from third parties.