Attorney Client Privilege With Consultants In Santa Clara
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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.
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) 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 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.
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.
Start by including the words "privileged," "confidential," or "attorney-client communication" in your email subject line. Make sure the body of your email is clear, specific, and only discusses legal issues. Always ask your attorney before sharing information with others, including the contents of your emails.
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 ...