CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney-Client Privilege
.........Burden to Establish
4 Cards On This Topic:

Burden of proof to establish that discovery requested is privileged.

Trial ct. must decide whether hospitalized Wife had an opportunity to consult with counsel re asserting A/C privilege and whether she had an opportunity to claim the privilege but waived it by failing to do so.

Pastor's letter to Reverend, not transmitted to attorney, did not come within attorney-client privilege and was discoverable.

A/C privilege inapplic. where D, sitting with his atty in jurybox when court not in session and lawyers were conversing throughout court, spoke to atty loudly enough that someone openly present in last row overheard it and saw gesture.