Com Client Privilege With Experts
Description
How to fill out Notice Of Attorney-Client Privilege Regarding E-Mail Transmission?
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FAQ
Either voluntary or inadvertent disclosure to outside or non-covered recipients, professional advisors outside the privilege, and experts and consultants, can result in waiver as a matter of law.
It is the purpose of the crime-fraud exception to the attorney-client privilege to assure that the ?seal of secrecy? between lawyer and client does not extend to communications made for the purpose of getting advice for the commission of a fraud or crime.
Remember that the privilege is only meant to protect a client's communications with their attorney, and also, third parties given the same information are not protected under the privilege. Technically speaking, an expert witness is not the attorney, and they are third-party.
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 federal rules, then, email communications between the expert and attorney are no longer discoverable, provided the email communication does not fit within one of the three exceptions (compensation, facts or data considered, or relied-upon assumptions).
