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Privilege or the Attorney-Client Privilege

July 2, 2026

Privilege is a legal protection that allows a person to withhold certain communications from disclosure in litigation. In Arizona family law the most commonly encountered privileges are attorney-client privilege and some counseling or religious privileges.

Attorney-Client Privilege belongs to the client not the attorney. Only the client can waive attorney-client privilege. An attorney who discloses privileged communications without authorization violates professional responsibility rules.

Privilege has limits. It does not protect communications made to facilitate a crime or fraud. It does not protect facts that were communicated to the attorney, only the communication itself. And privilege can be waived by certain conduct even if unintentional.

 

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