Who's in Your Circle of Trust? Agents and Attorney-Client Privilege

Natalie Maples co-authored “Who's in Your Circle of Trust? Agents and Attorney-Client Privilege,” which was published in American Law Institute Continuing Legal Education’s January 2022 issue of The Practical Real Estate Lawyer.

In the article, Natalie examines the degree to which attorney-client privilege encompasses other professionals involved in discussions related to a client’s real estate transaction. She provides a history of the legal protection and examines how the courts have supported it through the years. Then, she reviews various kinds of clients and attorneys that can constitute this relationship and what manner of communications are protected. From here, she looks at how these protections can apply to agents involved in legal discussions, and breaks down who can be considered an “agent” in the eyes of the law. She then extrapolates how these protections can apply to third-party agents, consultants and independent contractors engaged in real estate transactions.