Chapter 3 Clients: Introduction and Basic Principles

• Library: A Virginia-Specific Summary Guide: Attorney-Client Privilege & Work Product Doctrine (Virginia CLE) (2016 Ed.)

Chapter 3

CLIENTS: INTRODUCTION AND BASIC PRINCIPLES

3.1 INTRODUCTION

Under the standard formulation as reflected in all the case law, the attorney-client privilege protection depends on the involvement of clients.

• In some limited circumstances, clients' agents are considered inside the privilege protection. ¹

3.2 EXISTENCE OF AN ATTORNEY-CLIENT RELATIONSHIP

Substantive law determines if an attorney-client relationship exists. ²

3.3 CLIENT'S ACTIONS AND UNCOMMUNICATED STATEMENTS

In some situations, the privilege can protect...