Section 14.22 Presence of Third Persons

• Library: Evidence 2017

b. (§14.22) Presence of Third Persons

As a general rule, the privilege is destroyed by the presence and hearing of third persons, on the ground that the communication was never intended to be confidential. However, preparation of a will is typically a matter which a client would expect to be confidential and therefore privileged. And the “rule as to the absence of privilege where a third person...