Defendant provides records to DA's office as part of a business records affidavit. The records are non-sensical. DAs office requests additional business records. Defense attorney meets with his client, client's wife and client's mother to discuss the records.

Has attorney client privilege been waived because the communications occurred in the presence of the client's spouse and mother? We have good reason to think that illegal activity was discussed in the meeting and we want to question defendant's mother.

Yes. Attorney-client privilege only applies to "confidential" communications. If the communication takes place in the presence of a third-party, it's not confidential and thus not privileged. See Austin v. State, 934 S.W.2d 672, 674 (Tex. Crim. App. 1996).