Attorney Client Privilege New Jersey

The attorney-client privilege protects communications between an individual and his attorney. the client holds this privilege, and only he can waive it. N.J.S.A. 2A:84A-20; N.J.R.E. 540; See State v. Davis, 116 N.J. 341, 561 A.2d 1082 (1989). In New Jersey, the privilege has been extended to any person who is or may be the agent of either the attorney or the client. State v. Tapia, 113 N.J. Super. 322, 330, 273 A.2d 769 (1971) (citing State v. Kociolek, 23 N.J. 400, 129 A.2d 417 (1957); State v. LoPonio, 85 N.J.L. 357, 88 A. 1045 (E. & A.1913)). This includes any "necessary intermediaries . . . through whom the communications are made." Davis at 361, 561 A.2d 1082 (quoting Kociolek at 413, 129 A.2d 417). The burden of proof rests with the person asserting the privilege to show that the consultation was a professional one. L.J. v. J.B., 150 N.J. Super. 373, 378, 375 A.2d 1202 (App.Div.1975).