1.6:430 COMMUNICATIONS "MADE IN CONFIDENCE"
| Jurisdiction | Arizona |
1.6:430 Communications "Made in Confidence"
To qualify for privilege protection, a communication must be made between the attorney and the client "in confidence." S. Union Co., 205 F.R.D. at 548 (concluding, under Arizona and federal law, that party asserting attorney-client privilege must prove that the communication was made in confidence and was later maintained as confidential).
Consistent with this requirement, attorney-client communications generally are not privileged if they take place in the presence of third parties. State v. Sucharew, 205 Ariz. 16, 22, 66 P.3d 59, 65 (App. 2003). But "[t]his general rule does not apply . . . where the third party's presence does not...
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