Under what circumstances can attorney-client privilege be waived?

Attorney-client privilege can be waived primarily through the disclosure of confidential information. When an attorney discloses information without the client's consent, it creates a situation where the privilege may be considered waived. This is because the fundamental purpose of the attorney-client privilege is to encourage open and honest communication between the client and the attorney; if that information is disclosed to a third party, the confidentiality is compromised.

While the other circumstances may influence the dynamics of the attorney-client relationship, they do not inherently waive the privilege. For instance, a client deciding to go to court may still maintain privilege over the communications relevant to the case unless they disclose those communications publicly. Similarly, mutual agreement between the parties can also lead to a waiver, but it is not automatic and typically requires clear consent. Lastly, if an attorney feels it is necessary to disclose information, this could conflict with the privilege but does not constitute a waiver unless the client is informed and consents to it. Therefore, the act of an attorney disclosing information without the client's consent is a clear indicator of a potential waiver of privilege.