The Court held that a nonlawyer consultant acted as a "lawyer's representative" and documents at issue were privileged. The principle that the attorney-client privilege attaches to third-party consultants also has been applied to representatives of the attorney, such as.The attorney-client privilege is waived when the communication is made in the presence of, or communicated to, a third party. The attorney-client privilege belongs to the client, which is the company, not its employees. This publication is not intended to provide legal advice but to provide general information on legal matters. The Attorney -- Client Privilege - Texas. • Texas codified the attorney-client privilege in Rule 503 of the TRE.