CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Waiver: In General
8 Cards On This Topic:
  • Waiver of privilege accomplished through holder's disclosure.
  • Waiver of one holder of joint privilege does not affect rights of other holders.
  • Privileged disclosure not a waiver.
  • Professional disclosure is not waiver of privilege.
  • Because P only waived atty-client/WP privileges re his communications with atty and D, and atty's interaction with D, dist. ct. clearly erred in finding blanket waiver of atty-client/WP privileges as to entire case.
  • Employer in sex harassment case may assert atty-client priv. as to docs in investigation files, even where employer pleads adequacy of prelitigation investigation as defense.
  • Communication made by client in presence of third party who is not present to further client's interest is not privileged.
  • Judge may not coerce witness into waiving privilege.