CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Waiver by Consent: Express or Implied
............Implied Waiver: Claimed/Not Found
 9 Cards On This Topic:
  • Therapist's act of tape recording sessions is not per se a disclosure waiving privilege.
  • No general client-litigant exception to attorney-client privilege. Only statements between client and attorney charged with wrongdoing are admissible; not statements by client to her attorneys.
  • No implied waiver of lawyer-client privilege by tendering reasonableness of company's actions in issue.
  • No implied waiver of lawyer-client privilege by P's placing her emotional condition at issue in lawsuit.
  • Implied waiver of attorney-client privilege not found where insurer not defending on basis of advice received, and did not place decisions, conclusions, and mental state of attorney/witness in issue.
  • Written immunity agreement wherein witnesses agreed to testify fully about criminal activity did not result in waiver of own attorney-client privilege.
  • Signing of verified answer by corp. officer/general counsel does not amount to waiver of attorney - client privilege.
  • Slight delay in complying with discovery request cannot result in finding of waiver of previously claimed attorney-client privilege as to disputed documents.
  • Even if error to admit attorney's testimony in violation of attorney-client privilege, error harmless in light of A's "lackluster testimony" and other evidence of D's guilt.


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