CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Attorney Work Product
.........Waiver
9 Cards On This Topic:
Attorney may disclose work product or confidential communications in fee arbitration proceeding without waiving privilege.
As work product rule serves different purpose from attorney-client privilege, different rules apply; disclosure to 3d party not necessarily waiver.
Under common interest doctrine, Ds' attys did not waive work product privilege by communicating with each other regarding respective clients' common interests; P's atty properly disqualified for conflict of interest.
Disclosure of work product to attorney who represented mutual client or client with common interests waives privilege as to client and successor client.
Court erred in finding D's failure to produce privilege log resulted in waiver of its right to object to document requests and interrogatories based on atty-client/work product privileges.
By raising Civ. Code §47 (b) litigation privilege, D did not waive attorney-client privilege or work product protection.
Law firm waives right to protect absolute work product from former clients, now adversaries in related lawsuit.
Work product privilege may be waived, and if so, does not reattach to successor attorney.
Attorney cannot permit witness to testify from privileged report, then refuse to produce it under claim of work product.