Attorney Client Privilege on Discussions Regarding Plea Bargains
The attorney-client privilege prohibits disclosure of confidential communications made for the purpose of facilitating the rendition of professional legal services to the client. TEX. R. EVID. 503(b)(1).
The privilege is an exclusionary rule of evidence. Strong v. State, 773 S.W.2d 543, 547 (Tex. Cr. App. 1989).
Discussions regarding plea bargains are confidential communications protected by the attorney-client privilege and may not be disclosed without the client's permission. Monreal v. State, 947 S.W.2d 559, 567 n.3 (Tex. Cr. App. 1997) (Baird, J., concurring and dissenting).
The privilege may be claimed by the client, or by the attorney on the client's behalf. TEX. R. EVID. 503(c). the power to waive the attorney-client privilege belongs to the client, or his attorney or agent, both acting with the client's authority. Carmona v. State, 941 S.W.2d 949, 953 (Tex. Cr. App. 1997).
The party seeking to benefit by a finding of waiver has the burden of going forward with evidence supporting such a finding. Id.