CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Attorney-Client Privilege
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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.