Attorney Client Privilege With Former Employees In Oakland

State:
Multi-State
County:
Oakland
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

The document is a legal complaint filed in the Circuit Court addressing violations of attorney-client privilege and patient-physician privilege pertinent to former employees in Oakland. The complaint outlines incidents of ex parte communications conducted by defendants, which interfered with the plaintiff's rights and relationship with their attorney. Key features include background information on the involved parties, detailed allegations of wrongful conduct, and the claim for compensatory and punitive damages. Filing and editing instructions emphasize the importance of inserting accurate details for completeness and legal sufficiency. Specific use cases relevant to the target audience involve attorneys and legal professionals needing to protect client privileges, identify potential breaches in conduct, and pursue claims for damages resulting from such breaches. The form serves as a foundational tool for attorneys, partners, owners, associates, paralegals, and legal assistants to document instances of privilege violations effectively and pursue litigation as necessary.
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  • Preview Complaint For Intentional Interference With Attorney-Client Relationship
  • Preview Complaint For Intentional Interference With Attorney-Client Relationship
  • Preview Complaint For Intentional Interference With Attorney-Client Relationship
  • Preview Complaint For Intentional Interference With Attorney-Client Relationship

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FAQ

The United States Supreme Court rejected the control group test in Upjohn v. United States, 449 U.S. 383 (1981). Most courts now apply the Supreme Court's reasoning in that case to corporate privilege claims, including those involving former employees.

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.

Beware of forwarding email strings and sharing attorney-client privileged communications. As the client, you hold the privilege, but if you voluntarily disclose our communications (e.g., “Our General Counsel told us…”), the privilege is waived.

Such information between a lawyer of those directly involved is confidential. For example, an e-mail to a lawyer or lawyers is protected.

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.

Beware of forwarding email strings and sharing attorney-client privileged communications. As the client, you hold the privilege, but if you voluntarily disclose our communications (e.g., “Our General Counsel told us…”), the privilege is waived.

Imminent death or harm. Your attorney can't be held to attorney-client privilege if they believe that keeping your confidence would result in death or significant physical harm to someone.

If someone listens to your lawyer's confidential communications without your consent (e.g., overhearing, illegal wiretapping), the eavesdropper is legally forbidden from divulging that personal information. That testimony will be inadmissible in court if they do so, but the eavesdropper may even face criminal charges.

Indeed, the most common way to lose the privilege is to include a third party in a meeting, call, or email where legal advice is being requested or provided – or to share privileged discussions or documents with a third party after the fact.

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Attorney Client Privilege With Former Employees In Oakland