Section 14.11 Presence of Third Parties

• Library: Evidence 2017

C. (§14.11) Presence of Third Parties

Waiver occurs when communications that would ordinarily be privileged are publicly and freely made in the presence of third persons. State v. Scott, 491 S.W.2d 514, 519 (Mo. banc 1973). “The presence of a third person, however, such as a relative or friend of the client, who is not essential to the transmission of information or whose presence is not reasonably necessary for the protection of the client’s interest, will vitiate the privilege.” State v. Shire, 850...