Attorney Client Privilege For Consultants In San Diego

State:
Multi-State
County:
San Diego
Control #:
US-000295
Format:
Word; 
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Description

In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.

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FAQ

Once a contract or retainer agreement has been signed between both parties, there's no question that privilege applies. Nonetheless, it generally starts before a contract is officially signed, even if you ultimately do not hire the attorney you had a consultation with.

How Long Does Attorney-Client Privilege Last in California? In California, privileged information between attorneys and their clients remains confidential after the case ends. An attorney may never share protected information without a client's consent. Even if a client dies, this information may not be disclosed.

(“The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 954.”)

The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney, and intended to be confidential. In addition, the communication must be for the purpose of requesting or receiving legal advice.

(“The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 954.”)

(c) The person who was the lawyer at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he is otherwise instructed by a person authorized to permit disclosure.

The privilege belongs to the client, meaning they have the authority to waive or invoke it.

The attorney-client privilege applies to communications “to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.” Cal. Evid. Code § 952. This includes communications to an expert consultant.

Generally, yes, retainer agreements are protected by the lawyer-client privilege, UNLESS you waived that privilege, which might have happened by your referencing the contents, for example.

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.

More info

If you would like more information about the attorneyclient privilege in San Diego and California, contact attorney Michael Leonard, Esq. The attorneyclient privilege is a way to address communication to your outside or inhouse counsel when you need to send a message (ie, letter or email)This publication is not intended to provide legal advice but to provide general information on legal matters. The relationship between users and ContractsCounsel are not protected as attorney-client privilege or as legal work product. Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and. The privilege extends to communications involving agents that facilitate the attorney-client relationship. However, privilege will not apply in the absence of an intent to communicate. The attorney-client privilege extends to clients, clients' representatives, lawyers and lawyers' representatives—the circle of trust. Generally speaking, the attorney-client privilege does not take hold until the parties have agreed on the representation of the client. Does the attorney client privilege extend to communications with public relations consultants?

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Attorney Client Privilege For Consultants In San Diego