Is attorney-client privilege waived when the attorney and client are in the presence of a third party attorney?

MultiRegion, United States of America

The following excerpt is from In re Mortgage & Realty Trust, 212 BR 649 (Bankr. C.D. Cal. 1997):

The attorney-client privilege is waived when the communication between the attorney and client is made in the presence of a third party. United States v. Landof, 591 F.2d 36 (9th Cir.1978) (holding that the attorney-client privilege was waived as to a conversation, where an attorney for a third party attended the meeting). Similarly, the voluntary delivery of a privileged communication by a holder of the privilege to someone not a party to the privilege waives the privilege. United States v. Zolin, 809 F.2d 1411, 1415 (9th Cir.1987) (holding that the contents of certain tapes were privileged because the non-party present at the time the tapes were recorded had a common interest with the party involved in litigation), aff'd in relevant part, 491 U.S. 554, 109 S.Ct. 2619, 105 L.Ed.2d 469 (1989).

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