Courts frequently assess the attorney-client privilege
implications of third parties participating in otherwise privileged
communications. The participation of third parties acting on the
client's behalf normally destroys privilege protection
– unless the third party is necessary for the
transmission of communications between the client and lawyer.
Some third parties meet this standard. A Maryland federal court
recently held that the privilege protected communications between
clients and their lawyers, despite the presence of the clients'
translators – because the clients were not native English
speakers. Khoshmukhamedov v. Potomac Elec. Power Co., Civ.
A. No. AW-11-449, 2012 U.S. Dist. LEXIS 53726 (D. Md. Apr. 17,
2012). Some third parties quickly fail the standard. On the same
day, the Northern District of Alabama found that a union
organizer's presence during otherwise privileged communications
destroyed the privilege. Although one of the clients said that
