Not all components of the attorney-client relationship are protected by or encompassed within the attorney-client privilege. For example, the existence of the attorney-client relationship or the length of the relationship are not privileged bits of information. In fact, the general nature of the services performed by the lawyer, including the terms and conditions of the retention, are generally discoverable.

The factual circumstances surrounding the communications between an attorney and a client, such as the date of the communication and the identity of persons copied on correspondence, are likewise not privileged. Participants in a meeting with an attorney, the length of a consultation and the documents evidencing same (e.g., calendars, appointment books) are not necessarily protected from compelled disclosure. As for the fee arrangement between an attorney and a client, these documents are typically discoverable, except where such discovery would produce confidential communications with the client.