Divorce litigation is stressful, and often times clients lean on friends and loved ones to get through the difficult time. Sometimes a family accountant is consulted. Not only are these friends and loved ones often sought out for emotional support, they are sought out for advice on how to proceed in the divorce case. In some circumstances, clients even seek to have the third parties attend meetings with his or her lawyer. While sometimes this can provide a client with clarity on how to proceed, the purpose of this entry is to offer a word of caution.
It is important to note that while you have attorney client privilege relative to all communications with your lawyer, once a third party enters those communications, either in person or in writing (i.e. a copied email), the privilege is pierced. Therefore, the communications are technically the subject of subpoena, and your spouse may collect the information by way of a document request or a deposition.
It is important to discuss the introduction of third parties to a divorce with your divorce lawyer.
