One of the greatest threats to the attorney-client
privilege's creation and preservation involves the role of
agents assisting clients or their lawyers. If such agents fall
outside privilege protection, the client's or lawyer's
communications with the agent will not be protected; the
agent's presence during otherwise privileged communications
will abort the privilege; and disclosure of preexisting privileged
communications to the agent will waive the privilege.
Courts frequently assess the privilege implications of a client
agent's involvement in otherwise privileged communications.
Some courts take a broad view of client agents who are considered
inside privilege protection. In Adler v. Greenfield, 2013 IL App
(1st) 121066, an Illinois state court held that JP Morgan was
within privilege protection when it acted as an elderly woman's
agent. The court explained that "JP Morgan acted as
Muriel's agent in communicating with [her lawyer] about
Muriel's estate plan." Id.
