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Originally Posted by David Sklansky
But how can one be sure that those guys will go to the grave with that info? When an attorney tells his client that the stuff said to him is privileged, he doesn't add "unless my office is raided and the agent decides to disclose it even though he shouldn't." If he did he might lose some business.
So is there something I'm missing?
Teams of lawyers who represent corporate clients in large litigations have access to thousands of privileged communications. Judges very often are asked to review potentially privileged communications in camera.
We expect these people to honor their professional obligation not to disclose those communications to friends and family. And by and large, they don't.
I don't think the risk is that significant.