Many estate planning practitioners routinely engage in the joint
representation of spouses in connection with their estate planning.
A joint representation differs from the representation of a single
client, and the attorney-client privilege is adjusted accordingly.
Joint representations have long been found to preclude a claim that
communications between the attorney and one of those being jointly
represented are privileged as against the other client of the joint
representation. Wallace v. Wallace, 216 NY 28 (1915) (following the
rule set forth in Hurlburt v. Hurlburt, 128 NY 420 (1891)).
In explanations of a joint representation to spouses in the
estate planning context, the rule of privilege regarding
conversations and writings between the attorney and the spouses is
often described in the following manner: All communications will be
privileged as against third parties, but the attorney will not be
permitted to honor any request by one spouse to keep
