Company X, with you as outside counsel, successfully navigates through a two-year DOJ and SEC investigation into potential Foreign Corrupt Practices. Attorney-client privilege only attaches if there is actually an attorney-client relationship.A lawyer shall provide competent representation to a client. The fiduciary exception generally limits the ability of fiduciaries to assert attorneyclient privilege in response to a beneficiary's request for information. In that case, counsel prepared an analysis of litigation that was expected in the event that the client's proposed business transaction was completed. Split McAleer Ruling Leaves Attorney-Client Privilege Fiduciary Exception In Limbo. In a recent Pennsylvania Supreme Court case, In re: Estate of William K. The privilege is waived if the client or attorney fails to object to the disclosure of the confidential communication in a legal proceeding. Comment. "The Attorney-Client Privilege and the 'Complete Lawyer': More than Mere Legal Advice," Law. Eijsbouts is a member of ACC.