CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney Work Product
.........Waiver
 11 Cards On This Topic:
  • Attorney may disclose work product or confidential communications in fee arbitration proceeding without waiving privilege.
  • Disclosure of work product to a third party does not waive the protection unless such disclosure is made to an adversary in litigation or has substantially increased the opportunities for potential adversaries to obtain the information.
  • Express versus implied waivers.
  • As work product rule serves different purpose from attorney-client privilege, different rules apply; disclosure to 3d party not necessarily waiver.
  • Under common interest doctrine, Ds' attys did not waive work product privilege by communicating with each other regarding respective clients' common interests; P's atty properly disqualified for conflict of interest.
  • Disclosure of work product to attorney who represented mutual client or client with common interests waives privilege as to client and successor client.
  • Court erred in finding D's failure to produce privilege log resulted in waiver of its right to object to document requests and interrogatories based on atty-client/work product privileges.
  • By raising Civ. Code §47 (b) litigation privilege, D did not waive attorney-client privilege or work product protection.
  • Law firm waives right to protect absolute work product from former clients, now adversaries in related lawsuit.
  • Work product privilege may be waived, and if so, does not reattach to successor attorney.
  • Attorney cannot permit witness to testify from privileged report, then refuse to produce it under claim of work product.


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