The issue is whether the attorney-client privilege will protect Jack’s communication to Beverly when he was not a formal client of hers and Freddie eavesdropped on their entire conversation.
The attorney-client privilege is an evidentiary rule that excludes otherwise relevant and admissible evidence and is therefore narrowly construed. It encourages full and frank communication between attorneys and their clients. The privilege protects only communications; it does not protect the underlying facts pertinent to the representation. Five elements must be established for the attorney client privilege to apply: (1) the relation of attorney and client existed at the time the communication was made; (2) the communication was made in confidence; (3) the
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An attorney-client relationship can be formed in 3 ways: (1) by consent, (2) through court appointment, or (3) through the client’s reasonable belief. To form the relationship through the client’s reasonable belief, the client has to possess the thought of the attorney is going to represent him or her in their legal matters. Some factors that might incorporate this belief are the length of time or place of the meeting between the client and lawyer, sophistication of client, whether there was payment involved, the exchanging of confidential information, any legal advice or services given by the attorney, or if there were any legal documents exchanged. Here, the attorney-client relationship was not formed by reasonable belief of Jack, because Jack was not Beverly’s client, Adelia was. Since Beverly was Adelia’s lawyer for her divorce, this is probably why Jack went to her and not for the purpose of becoming a client of Beverly. Also, there was no fee paid by Jack for the consultation and the conversation was not that long. Therefore, there was no attorney-client relationship formed between Jack and