Attorney Client Privilege With Consultants In Utah
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Attorney Client Privilege (Gold Standard/SUWA) -305(18) The attorney-client privilege protects information given by a client to an attorney that is “necessary to obtain informed legal advice—which might not have been made absent the privilege.
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.
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.
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 ...
Whose Burden is it to Prove a Communication is Privileged? The party asserting the attorney-client privilege must prove that the communication in question meets the standard to be protected and that no waiver of the privilege was made.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
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.
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.