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California Deposition and Discovery Practice
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-27 California Deposition and Discovery Practice 27.syn


Attorney-Client Privilege


J.N. DeMeo;John F. DeMeo;and Matthew Bender's Editorial Staff

Chapter Summary


This chapter, Attorney-Client Privilege, from California Deposition and Discovery Practice examines the attorney-client or lawyer-client privilege that is provided under Cal. Evidence Code §§ 950 through 962. Part A discusses the basic rule and purpose of the attorney-client privilege, and its relation to other statutes. Part B discusses the scope of the privilege. Part C discusses assertion of the privilege. Part D discusses waiver of the privilege. Part E discusses exceptions to the privilege.

Specifically, Part A introduces the attorney-client privilege. Part B covers the scope of the privilege including the basic rule, and definitions of "lawyer," "client," "confidential communication," and discusses the attorney-client relationship. Part C addresses assertion of the privilege including who may claim the privilege, determining a claim of the privilege, and strict construction. Part D discusses waiver of the privilege, including waiver under Evidence Code Section 912, exceptions to waiver by disclosure, and waiver by placing the content of privileged communications in issue. It also explains that no waiver has occurred if disclosure is required, as well as the lack of waiver through an inadvertent disclosure by an attorney.

Part E covers statutory exceptions to privilege such as attorney services to aid a crime or fraud, prevention of a criminal act likely to result in death or substantial bodily injury, and parties claiming privilege through a deceased client. Part E concludes with discussion of the statutory exception applicable to clients retaining the same attorney in a matter of common interest and closed-session meetings of public bodies.

California Deposition and Discovery Practice (Matthew Bender) is a complete guide, with law, text, annotated forms, and procedural guides to every phase of discovery in civil trial cases. It provides in-depth, practical coverage of general discovery concepts, such as planning, time limits, and motion procedures; scope of discovery; privileges and other protected matters; methods of obtaining discovery under the Civil Discovery Act of 1986, such as depositions, interrogatories, inspections, examinations, requests for admission, and exchange of expert witness information; sanctions; and the shortening and extension of statutory time periods. The appendices offer the complete text of the California Civil Discovery Act, pertinent California Evidence Code sections, and related California Rules of Court, as well as a summary of discovery rules arising out of the trial court delay reduction program.


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For a discussion of the general statutory provisions applicable to all evidentiary privileges, see Chapter 21. For discussion of the right to privacy, see Chapter 31. See Chapter 9 for coverage of discovery orders. See Chapter 28 for discussion of attorney work product protection. See Chapter 32 for coverage of statutory privilege for federally authorized tax practitioners.


See Moore's Federal Practice--Civil (Matthew Bender) for fully annotated and practice-oriented coverage of every detail of procedure in federal civil cases, following the sequence of the Federal Rules of Civil Procedure.

See Matthew Bender(R) Practice Guide: California Pretrial Civil Procedure (Matthew Bender) for precise guidance on finding pertinent online information, cross-references to relevant content, icons classified by type, and an abundance of checklists and forms.

See Hogan & Weber, California Civil Discovery (Matthew Bender) for valuable step-by-step guidance through civil discovery, with valuable insight on oral and written depositions, interrogatories, inspection demands, physical and mental examination, discovery relevance, and sanctions.

See California Trial Guide (Matthew Bender) for substantive and procedural guidance to the evidentiary issues encountered throughout the trial process, including alternative actions before and during trial, jury selection, and motions and objections relating to direct and cross-examination.
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