Can the presence of a third party undermine attorney-client privilege?

The presence of a third party can indeed affect attorney-client privilege, particularly if the third party does not serve a necessary function in the communication between the attorney and the client. When an attorney and client communicate, the confidentiality of that communication is protected to encourage open and honest discussions. However, the presence of an unnecessary third party could imply that the communication is not meant to be confidential, thereby potentially undermining the privilege.

If the third party is present to assist in the legal process—such as an expert consultant who is helping to formulate legal strategies or providing necessary technical information—the privilege typically remains intact. This is because their role is deemed essential to the communication's purpose, and they are effectively acting as an extension of the attorney’s representation for the client.

In contrast, if a third party's presence does not serve such a necessary function—say they are merely a bystander or unrelated to the proceedings—the communication may lose its privileged status. This concept is important to understand when navigating situations involving shared information, as it helps determine who can be privy to confidential discussions without compromising the attorney-client relationship.