Doesn't the presence of a "third party" negate any expectation of privacy. Does "Attorney/Client Privilege" still stand if the conversation is held in the presence of others???
Isn't that pretty much the same?
The presence of a third party MAY negate the expectation of privacy... unless the third party is also represented by the attorney.
I would think that if 2 folks are discussing something in front of another then privilege is gone. Really go to google scholar and start doing some searches.
There is generally no expectation of privacy in a conversation between two people in front of another. Neither is there an expectation of privacy in anything one person says to another, even when not in the presence of a third person UNLESS some other privilege exists (attorney-client, doctor-patient, priest-penitent, accountant-client, numerous others). Do not confuse an "expectation of privacy" with a "privileged communication." While frequently related, they are not the same thing, and different rules control the ability to disseminate the information divulged in the communication.
What if you are a pro se litigant? Do you think attny privileges apply to a non-lawyer?
Assuming you mean the "attorney-client privilege," no (assuming that you are a pro se litigant). The privilege does not belong to the attorney. It belongs to the client.
My question was really directed to the attorney who said he wasn't so sure that privilege was lost.
Oh, I didn't say that the privilege wasn't lost. Decklin prefaced his reasoning that that the expectation of privacy was lost because it was a "public business transaction." It wasn't. The hypothetical described a PRIVATE business transaction.