CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Attorney-Client Privilege
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Disclosure Protected: Examples
............Inadvertent Disclosure
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Inadvertently disclosed ESI.
Atty who receives privileged documents inadvertently may not read them more closely than needed to ascertain privilege; if so, atty must immediately notify OPC to resolve situation or face disqualification.
The State Fund rule for dealing with inadvertently disclosed privileged documents applies even when an attorney receives the documents from the attorney's client.
When an attorney realizes that he or she may possess material protected by the A/C privilege that was inadvertently provided by another attorney, that attorney must so notify the party entitled to the privilege.