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