CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney-Client Privilege
.........Holder
 13 Cards On This Topic:
  • Client is holder of attorney-client privilege.
  • Client has privilege to refuse to disclose, and to prevent others from disclosing, confidential communications with attorney.
  • Lawyer shall claim privilege whenever authorized by Code.
  • Bing Crosby, not successor business entity, was original client and holder of A/C privilege; on his death, privilege transferred to executor and ceased to exist on probate discharge.
  • Trustee of private express trust may assert attorney-client privilege against beneficiaries seeking to compel it to disclose its privileged communications with attorneys.
  • Successor trustee assumes power to assert attorney-client privilege as to confidential communications re trust admin.; predecessor may not claim privilege and withhold documents.
  • Atty. properly found in contempt for not answering questions as to how she got specific evidence from client's agent; cannot claim A/C privilege without proving the preliminary fact of agency.
  • If no director elected / appointed for bankrupt corp., its A/C privilege passes to insurers — holder may waive privilege for limited extent necessary for atty to verify discovery responses; if no waiver, unverified responses cannot be deemed verified.
  • Atty-client privilege not extinguished with corp.'s dissolution; remanded to redetermine whether privilege prevents atty/Ds from defending or whether, because of crime-fraud exception or waiver, privilege is no bar to action.
  • SCIF had standing to assert attorney client privilege as to documents of lawyers it consulted; insured employer not holder of privilege or waiver.
  • Dismissal proper where law firm could not effectively defend against atty/client's action without disclosing confidences of atty’s own clients disclosed during representation.
  • When there is prima facie claim of atty-client privilege, court must accord full hearing, with oral argument, before ordering revelation of client confidences to the other side.
  • Condo assn which brought lawsuit against contractor and retained attorney did not have to disclose privileged attorney-client information to individual homeowners.


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