Attorney Client Privilege With Consultants In San Diego
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The attorney-client privilege is enshrined in California through Evidence Code sections 950-962. These sections establish the fundamental principles that govern confidential communication between attorneys and their clients. The attorney-client privilege is held by the client.
Rule 3: Label the top of the communication or the subject line of an email: "Privileged and Confidential: Attorney-Client Privileged Communication." This notice should be prominent and easily viewable as soon as someone receives the communication.
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.
Contents Person who asserts privilege must be an actual client or must have attempted to become a client of the attorney at the time information was disclosed. Person to whom the communication was made must be a certified attorney. Communication must occur solely between the client and attorney.
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.
One federal judge opined that “the privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) ...
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.
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.
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.