Is the attorney client privilege absolute?
The attorney-client privilege is not absolute. In rare cases, the attorney must yield the privilege to superior social interests in preventing or terminating crime or fraud. Some proven examples of when the privilege does not apply or does not attach are as follows: (1) no attorney-client privilege if the client hires an attorney to help commit a fraud or crime; (2) if two or more clients hire the same lawyer in matters of common interest and later sue each other, the privilege may be waived if the lawyer becomes a witness in the dispute; (3) if the lawyer and client sue each other and the suit involves issues of the breach of a duty, the privilege is waived; (4) when a lawyer witnesses the signing of a document, such as a will, the privilege is waived.
