State v. Sucharew
In State v. Sucharew, 205 Ariz. 16, 66 P.3d 59 (App. 2003), counsel was hired for a juvenile and during the attorney-client meeting, the juvenile's parents were present. Id. at 21, P 8, 66 P.3d at 64.
The issue before the court was whether the attorney-client privilege was waived by the presence of third parties. Id.
The court pronounced the general waiver rule that "the presence of a third person will usually defeat the privilege on the ground that confidentiality could not be intended with respect to communications that the speaker knowingly allowed to be overheard by others foreign to the confidential relationship." Id. at P 11 (quoting MORRIS K. UDALL, et al., LAW OF EVIDENCE 71, at 128 (3d ed. 1991)).
However, this rule does not apply when the presence of a third party does not indicate a lack of intent to keep the communication confidential. Id.
Thus, the court found the relevant inquiry to be whether the communicant reasonably understood the communication to be confidential "notwithstanding the presence of third parties." Id.