CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Attorney-Client Privilege
.........Disclosure Protected: Examples
............Inadvertent Disclosure
4 Cards On This Topic:
  • 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.