CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Waiver by Consent: Express or Implied
............Express Waiver: Examples
4 Cards On This Topic:
  • D waived any potential conflict arising out of his attorney's testimony at penalty phase; trial court did not abuse its discretion by accepting waiver.
  • By voluntarily turning over psychiatrist's report and not objecting to DA's using it during cross, D waived claim of violation of work product, attorney-client, psychotherapist-patient privileges, and that against self-incrimination.
  • Ps' expert cannot be disqualified b/c of conflict of interest for having once been represented by D's atty where he offered to waive atty/client privilege and should be allowed to execute his unqualified informed consent.
  • Mother's execution of release authorizing psychiatrist to release confidential information re children to agencies constituted waiver of privilege.