In which situation might attorney-client privilege be waived during a deposition?

Attorney-client privilege may be waived when a client discloses information in a public setting. The essence of attorney-client privilege is to safeguard the confidentiality of communications between a client and their attorney. However, if a client voluntarily shares privileged information in a public forum, such as discussing case details in a public place where others can overhear, the confidentiality is compromised. This public disclosure can be interpreted as a waiver of the privilege, meaning that the previously protected information may now be admissible in court or during deposition.

The other situations listed do not inherently lead to a waiver of attorney-client privilege. For instance, if an attorney is unavailable, it does not automatically mean the privilege is waived; it is contingent on the circumstances surrounding the communication. Similarly, if both parties agree to share details, it does not necessarily mean that all communications fall outside the privilege; they may still be protected depending on the nature of the agreement. Finally, a witness being called to testify does not waive privilege unless they disclose privileged information themselves or are compelled to do so through a legal process. Thus, the act of public disclosure stands out as a clear instance of potential waiver.