How To Preserve Attorney-Client Privilege
Does attorney-client privilege cover both spouses in mediation? Yes—the mediation agreement spells out confidentiality, says Sarasota, Florida divorce attorney Bill Leininger. The key is caucus: some mediators may repeat what you share unless told not to, while others stay silent unless you authorize it. He prefers the protective default, since clients open up more when they trust it stays private.
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Answered by Bill Leininger · Sarasota, FL
Highlights
— the caucus-confidentiality understanding he sets with both spouses
Frequently Asked Questions
Does privilege cover both spouses in mediation?
Yes—the mediation agreement spells out confidentiality, and the key is caucus: some mediators may repeat what you share unless told not to, while he prefers the protective default of staying silent unless authorized, since clients open up more when they trust it stays private.
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