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Third Party Agents of the Lawyer Courts have recognized that ?[w]hether the presence of a third party will destroy the privilege depends on the identity of the third party and whether the client could reasonably have believed the communication would remain confidential.
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.
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.
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.