Following are some of the most common examples where the privilege has been deemed waived:
- Client's Voluntary Disclosure to a Third Party = Waiver - If the client chooses to discuss with someone else what he talked about with his lawyer, those communications with his lawyer will no longer be protected.
- The Crime-Fraud Exception - Although a client's discussions with a lawyer regarding his past misdeeds are certainly privileged, a client who seeks legal advice in order to perpetuate a crime will not be allowed to avail himself of the attorney-client privilege.
- Attorney-Client Fee Disputes; Legal Malpractice Claims - Another common exception to the attorney-client privilege is that a lawyer may reveal the communications she had with her client if necessary to collect her unpaid fee from that client. In a similar vein, the lawyer is permitted to disclose communications with the client in the course of defending herself against the client's claims that the lawyer acted negligently or improperly.