Overheard By Lawyer

[NHfather]

What is the name of your state (only U.S. law)? NH, Can I bring into testimoney a conversation between My Ex-Wife and I that was overheard By Her Lawyer? The conversation was the oral part of drawing up our parenting plan. Basiclly She said one thing and is now going back on it.

 

[Ronin]

Your wife is free to change her mind during negotiations. The attorney may also claim privilege of anything her client stated in front of her. Furthermore, communications that are part of mediation cannot be brought up in court. Which is pretty much a NO to your question on all counts.

 

[Ohiogal]

Your wife is free to change her mind during negotiations. The attorney may also claim privilege of anything her client stated in front of her. Furthermore, communications that are part of mediation cannot be brought up in court. Which is pretty much a NO to your question on all counts.

The bolded is NOT correct. Attorney client privilege only exists with things stated between the attorney and client. Speaking in a public area and being overheard by a THIRD PARTY does not mean that that stuff is privileged. The attorney may not be able to testify about it HOWEVER the person (third person) who overheard the conversation could even if said conversation took place only between the client and attorney. Everything else you stated is correct.

 

[Ronin]

The bolded is NOT correct. Attorney client privilege only exists with things stated between the attorney and client. Speaking in a public area and being overheard by a THIRD PARTY does not mean that that stuff is privileged. The attorney may not be able to testify about it HOWEVER the person (third person) who overheard the conversation could even if said conversation took place only between the client and attorney. Everything else you stated is correct.

I stand corrected, as I should have worded this better.

The attorney may also claim privilege of anything her client stated in front of her.

This was intended in the context you stated in which the attorney should not have to testify about her clients conversation. It was not meant to suggest that a conversation overheard by a third party is priviledged, and can not be brought up by the third party, simply because of the fact the attorney was present.