CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Disclosure in Presence of Another
6 Cards On This Topic:

Waiver of privilege accomplished if communication heard by third persons not present to further interest of client.

Disclosure to third party reasonably necessary for the accomplishment of the purpose for which professional has been hired not a waiver of privilege.

A/C privilege inapplic. where D, sitting with his atty in jurybox when court not in session and lawyers were conversing throughout court, spoke to atty loudly enough that someone openly present in last row overheard it and saw gesture.

Bailiff who overheard D's statements to attorney at counsel table properly testified thereto. Burden on D to maintain confidentiality.

Statement made by D to attorney over jail phone not privileged when overheard by police matron; information valid as basis for search warrant.

Waiver by interception of communication by eavesdropper.