Attorney Client Privilege With Former Employees In Alameda
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FAQ
Former Employees Can Have Privileged Communications With Their Former Employer's Lawyer, but Cannot Waive Its Privilege.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
An exception is to further a crime or fraud. Suppose your conversation with an attorney includes a plan to commit a crime or fraud. In that case, the attorney-client privilege doesn't apply. Also, there is imminent death or harm.
Thus, the attorney-client privilege will generally protect pre-advice communications between non-attorney employees if the purpose of the communication was to facilitate the provision of legal advice and the information obtained in response to the communication was promptly provided to counsel.
Lawyer-client relationship of trust and prevents a lawyer from revealing the client's information even when not subjected to such compulsion. Thus, a lawyer may not reveal such information except with the informed consent of the client or as authorized or required by the State Bar Act, these rules, or other law.
California Code, Evidence Code - EVID § 950. As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation. Read this complete California Code, Evidence Code - EVID § 950 on Westlaw.
