CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney-Client Privilege
.........In General
 17 Cards On This Topic:
  • Attorney or lawyer-client privilege.
  • Attorney client privilege attaches even if client incompetent.
  • Attorney shall maintain inviolate confidences and secrets of client.
  • Attorney's notes remain privileged despite death of client.
  • Harmless error, if any, to reject D's atty/client privilege claim as to his meeting w/bankruptcy atty in co-D's presence re financial-gain special circumstance.
  • No atty-client privilege violation where D's former atty did not testify about confidential communications between them and information he provided was of public record no confidential testimony elicited.
  • To allow Firm to avoid liability for assisting an unlicensed lawyer to provide legal services to its clients by invoking A/C privilege would turn the purpose of the privilege—to protect clients' right to legal counsel—on its head.
  • No need to quash search warrant and suppress evidence based on lawyer's breach of atty-client privilege where government did not procure or induce that breach.
  • Court erred in not reviewing each depo question and compelled document to determine which was D’s factual investigation of P’s claim and which was privileged attorney-client communications or protected work product.
  • Attorney-client privilege applies in regulatory settings.
  • Attorney-client privilege described.
  • Privilege applies regardless of whether attorney retained.
  • No error in denying defense motion to exclude evidence of its expert's participation in testing done by DA's expert, and no violation of attorney-client privilege or D's constitutional rights.
  • Trial court's ordering atty to answer depo questions over atty-client and work product objection improperly restricted the scope of the privileges.
  • Court erred in denying SCIF’s motion to examine documents seized from its legal offices and hear privilege/work product assertions in camera.
  • Court must use balancing process to decide if breach of D's attorney-client privilege necessary to implement co-D's constitutional rights.
  • Privilege applies regardless of type of legal advice sought or given.


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