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P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 33071
Experience:  16 yrs. of legal experience.
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Under the State of New Jersey - what extent attorney client

Customer Question

Under the State of New Jersey - what extent attorney client privilege and confidentiality can extend to a law student (or a third party sitting in meeting with client/attorney)?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

The NJ rule covers this explicitly. That is, if you look at the NJ rule (NJ Rules of Evidence 504), it provides (in part)

General rule. Subject to Rule 37 [Rule 530] and except as otherwise provided by paragraph 2 of this rule communications between lawyer and his client in the course of that relationship and in professional confidence, are privileged, and a client has a privilege (a) to refuse to disclose any such communication, and (b) to prevent his lawyer from disclosing it, and (c) to prevent any other witness from disclosing such communication if it came to the knowledge of such witness (i) in the course of its transmittal between the client and the lawyer...

So if there was a meeting between the lawyer and the client with a 3rd party part of that meeting? The client can prevent the 3rd party from disclosing information shared during that meeting.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
okay so I perhaps I should clarify- my question is more specific (in the perspective of an attorney) For example- lets say an attorney is representing a client on a specific matter and has employed a law student as an "intern." Say that "intern" is sitting in on a meeting with client and the respective attorney. Does client privilege and confidentiality still cover the law student and not just the attorney? I think there may be a specific law that allows law students to assist with cases and work with clients in the state of new York
Expert:  P. Simmons replied 1 year ago.

It does

That is, you ask

Does client privilege and confidentiality still cover the law student and not just the attorney?

The information shared in that meeting is covered by the rule. So anything that either the attorney, student or client says is covered by the rule and privileged. The client holds the privilege...so if, say, someone wanted to depose the student, the client could exert the privilege and the court would rule that the deposition can not take place.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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