CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney-Client Privilege
.........Disclos. Not Protected: Examples
............Malpractice Suits
4 Cards On This Topic:
  • No privilege as to communications relative to breach of duty or malpractice claims arising out of lawyer- client relationship.
  • Privilege exception for breach of duty only applies to communications between that client and lawyer, not other clients.
  • Evid. Code §958 does not permit disclosure of communications between client and subsequent attorney representing client in malpractice suit.
  • Evid. Code §958's provisions relating to no privilege for malpractice applies only to current lawyer and client relationship.