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Originally Posted by Melkerson
Ok, so add to the scenario that you're alone with the attorney and that you say stuff to him before he has a chance to give you the disclaimer. Everything you say before he makes it clear there is no possibility of an attorney client relationship, is stuff you can assert privilege on?
In this case, it is probably going to depend on the context and the state you are in. I don’t really know because this never comes up in the area of law in which I practice. You would want to check the statute governing the privilege from the state you are in and then the case law regarding that statute to see whether a similar situation had been addressed before.
Here is the language from Florida:
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A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client.
Here’s the definition of a client:
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A “client” is any person, public officer, corporation, association, or other organization or entity, either public or private, who consults a lawyer with the purpose of obtaining legal services or who is rendered legal services by a lawyer.