Attorney Client Privilege Waiver: A Change in the Law: Did you know, that what you and your attorney discuss is completely confidential? Admitting to your attorney that you have committed a crime is confidential. However, if you divulge to your attorney that you are about to commit a crime…well, that may NOT be confidential! Confidentiality is crucial in a relationship between a client and the attorney. So crucial, that you should be careful who you discuss those confidential communications. If you discuss something to a friend that is confidential between you and your attorney, you can be deemed as waiving this confidence, and your attorney could be required to testify.
The language of Ohio Revised Code 2317.02 (A) (1) use to state that an attorney may be compelled to testify if his client “voluntarily testifies.” This provision has been deleted and it now states that an attorney may be compelled to testify if his or her client, “voluntarily reveals the substance of the attorney-client communications in a non-privileged contest.” Therefore, divulging a privileged attorney-client communication to a third person will waive the statutory privilege, but the testimony of a client will not otherwise compel the lawyer to testify.