Going to come down to the definition of attorney/client relationship. Regardless, it's a very, very slippery slope. One that should, imho, err to the side of confidentiality.
Does one have to officially take someone as a client for privilege to exist? What happens to situations where a person consults an attorney about a matter? Suppose the attorney declines the case? Maybe the attorney feels the issue will take more time than said attorney has the ability to devote to the case. What if the attorney has a conflict? Perhaps it a nuanced area of law which the attorney lacks expertise. The prospective client told the attorney about their pediment under the assumption that there was an attorney/client privilege. Should that person now fear that law enforcement, be it local, state or federal seizing those records since the attorney didn't take that person as a client?
Very, very slippery slope indeed.
Abrignac wrote: