CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Attorney-Client Privilege
9 Cards On This Topic:

Inadvertently disclosed ESI.

"Playbook" information was insufficient evidence upon which to disqualify an attorney from representing a plaintiff against the attorney's former employer.

Attorney could not act as defendant's counsel where he obtained privileged information regarding the litigation when he was plaintiff's president and CEO.

Trial court exceeded its authority in finding a waiver of the A/C privilege and W/P doctrine when the objecting party submitted an inadequate privilege log with insufficient information to evaluate the objections' merits.

When one joint client sues former atty, nonsuing client cannot prevent the parties from discovering or introducing otherwise privileged attorney-client communications made in the course of the joint representation.

When attorney representing current client seeks legal advice from in-house attorneys concerning a dispute with that client, the attorney-client privilege may apply to their confidential communications.

Atty. receiving what appears to be a confidential communication between opposing party and attorney may not open it even if s/he believes that it may be subject to crime-fraud exception.

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.

P's emails to her atty not privileged where she used D company computer knowing it was monitored and that she had no right of privacy with respect to e-mail messages.