Attorney Client Privilege With Former Employees In Santa Clara
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Such information between a lawyer of those directly involved is confidential. For example, an e-mail to a lawyer or lawyers is protected.
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.
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.
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.
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.
Unethical attorneys may breach attorney-client privilege for their own gain. If they have the chance to profit from your information or your case presents a conflict of interest for them, unbeknownst to you, they may intentionally divulge privileged information to benefit or protect themselves.
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.
Under the common interest doctrine, an attorney can disclose confidential information to an attorney representing a separate client without waiving the attorney-client privilege or attorney work product protection “if (1) the disclosure relates to a common interest of the attorneys' respective clients; (2) the ...
