Does the Attorney-Client Privilege Protect A Child’s Communications with Her Guardian Ad Litem?

The attorney-client privilege is a common law evidence rule that prevents courts from ordering lawyers or clients to reveal the content of their communications. However, the attorney-client privilege can only be invoked if certain requirements are met. First, there must be a “communication.”  This “communication” can be face-to-face, over the phone, or through a letter, an e-mail, etc. Second, the communication must be between an attorney and his or her client.

Third, the communication must be made in confidence. Finally, the purpose of the communication must be for obtaining legal advice.

 

Under the second requirement, state law varies on whether communications with agents of a lawyer, such as a secretary, paralegal, or an investigator, or communications with interpreters and guardians appointed for children, are also privileged. In a recent case, People v. Gabriesheski, the Colorado Supreme Court found that the attorney-client privilege did not protect communications between a child and her guardian ad litem.… <Read More>