Attorney Client Privilege For Consultants In Alameda
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FAQ
To be safe put "Attorney-Client Communication", "Privileged and Confidential" or "Attorney Work Product" in the subject of the e-mail, or on privileged documents.
Although the precise definition of attorney–client privilege varies among state and federal courts, there are four basic elements to establish attorney–client privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal ...
There are two major exceptions to the lawyer-client privilege under the California Evidence Code, as discussed below. 2.1. Crime or fraud. 2.2. Preventing death or substantial physical harm.
A: Firstly, the privilege requires that three things exist: 1) an attorney (including his whole office and staff) and a client; 2) a private communication; 3) the purpose of providing legal advice. Once you have those three things, the privilege covers everything and is construed very broadly.
The attorney-client privilege in the United States is often defined by reference to the “5 Cs:” (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.
The elements required to establish the attorney-client privilege are as follows: a communication; made between privileged persons; in confidence; and. for the purpose of seeking, obtaining, or providing legal assistance to the client.
This privilege is codified in California law via Evidence Code 954, which gives your attorney the right to refuse to divulge the contents of your conversation, gives you the right to require confidentiality from your attorney, and with few exceptions, makes any breach of that confidence inadmissible in court.
The privilege belongs to the client, meaning they have the authority to waive or invoke it.
(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.