Sher Tremonte partner Justin J. Gunnell and associate Krista Staropoli have authored a new article for Reuters Legal News and Westlaw Today, titled “When two privileges collide — The intersection of attorney-client and spousal privileges.” The piece examines how courts are grappling with the tension between attorney‑client and spousal communications privileges, and offers practical guidance for lawyers seeking to preserve privilege when a spouse is present or later brought into privileged communications.
Drawing on New York authority, decisions from other jurisdictions, and the Restatement (Third) of the Law Governing Lawyers, Justin and Krista explore the traditional “mutual destruction” rule, the “agency” exception, and a Restatement-based framework that treats spousal communications as independently confidential. The article highlights recent cases refining the agency analysis and underscores concrete steps practitioners can take to minimize waiver risk, including building a clear record to support spousal agency and relying on subsequent confidential disclosures rather than live spousal attendance where possible.