Attorney Client Privilege Former Employees In Los Angeles
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FAQ
It is a common practice for outside litigation counsel to represent current, and even former, employees of corporate clients during depositions. This practice, however, is governed by ethical rules (and opinions and case law) that must be considered in advance.
Commercial litigators are very familiar with the age-old client question: “Can the opposing party contact my former employee directly?” While there are several strategy considerations at play, the short answer in most jurisdictions is yes.
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.
Employers Can File Many Kinds of Lawsuits Against Employees for Breach of Contract. In some circumstances, a relationship between an employee and employer is based on a contract. If an employment contract was the basis of the relationship between you and your employee, you can sue them for breaching the contract terms.
Since the client, and not the attorney, holds the privilege, the client holds the ultimate authority to assert it or waive it.
No. It is a Conflict of Interest and violates the Rules of Professional Conduct. You should object to the attorney/firm. If they do not withdraw, file an objection with the court and request to have them removed from the case.
Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.
Evidence Code 954 Explained Your attorney is required by law to refuse to divulge the contents of client communications if anyone asks them to, citing "attorney-client privilege:" You have the right to forbid your attorney (along with any relevant third parties) from disclosing information designated as confidential.
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.