CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Waiver of Privilege
.........Waiver: In General
8 Cards On This Topic:
Waiver of privilege accomplished through holder's disclosure.
Waiver of one holder of joint privilege does not affect rights of other holders.
Privileged disclosure not a waiver.
Professional disclosure is not waiver of privilege.
Because P only waived atty-client/WP privileges re his communications with atty and D, and atty's interaction with D, dist. ct. clearly erred in finding blanket waiver of atty-client/WP privileges as to entire case.
Employer in sex harassment case may assert atty-client priv. as to docs in investigation files, even where employer pleads adequacy of prelitigation investigation as defense.
Communication made by client in presence of third party who is not present to further client's interest is not privileged.
Judge may not coerce witness into waiving privilege.