07/17/2026
SHOULD I HAVE A FAMILY MEMBER, FRIEND OR SOMEONE ELSE INCLUDED IN COMMUNICATIONS OR DISCUSSIONS WITH MY ATTORNEY?
It is common, particularly during emotionally challenging situations such as a divorce or ongoing litigation with a former spouse, to want a trusted friend or family member present during meetings, on phone calls or included in emails with your attorney. You may want that person to take notes, help remember important facts or legal advice, or ensure that all of your questions are addressed. While this may seem like a practical idea, involving a third party in attorney-client communications can, in some circumstances, waive (give up) the attorney-client privilege that would otherwise protect those discussions from disclosure to the opposing party.
The Arizona Supreme Court recently clarified when communications involving an attorney, a client, and a third party remain protected by the attorney-client privilege—and when they do not.
The Court held that communications involving a third party are protected only when that person's involvement is objectively necessary to facilitate communication between the attorney and client or to assist in providing legal representation. Examples include an interpreter or translator, a parent assisting a minor child, or an expert whose participation is necessary for the attorney to provide legal advice. The court also went onto to say that you cannot enter into an agreement with a third party you want present, that discussions or communications should be private, to try and protect your privilege.
Before including anyone else in your written or verbal communications with your attorney, include having someone present when you have a consultation with an attorney, you absolutely should discuss the situation with the attorney to determine if it is worth risking your attorney-client privilege.
https://www.azcourts.gov/Portals/0/NewsReleaseArizonaSupremeCourtClarifiesWhenAttorney-ClientPrivilegeAppliestoThirdParties.pdf
