- Ref # CAB00194
- January 15, 2023
Attorney-Client Privilege: Potential Violations and Exceptions to the Rule
FROM THE CLASSROOM
“The Attorney-Client Privilege and Criminal Investigations”
By Ray Hill
Professor emeritus, Santa Rosa Junior College
This is second in a series of articles covering the California Evidence Code and criminal investigations. Let’s look at the attorney-client privilege and how it may tie into evidence gathering in your case.
The Basics
This is a confidential communication privilege, belonging to both parties, between attorney and client during a professional relationship for the purpose of seeking legal consultation and advice (952 E.C).
An attorney is bound by a code of ethics and California State Bar regulations to maintain the confidentiality of client disclosures. No employment agreement need take place, no fees need be paid and counsel doesn’t need to be retained for later legal action. The privilege includes observations that are the product of a confidential communication. The privilege remains in effect even after the attorney-client relationship ends (U.S. v. White (1992) 970 F 2nd 328).
The privilege covers out-of-state lawyers and foreign lawyers (In re: Gonzales (1989) 212 Cal. App. 3d 461). A person must actually be licensed to practice law for a privilege to be valid. For example, conversations with a “jailhouse lawyer” were not covered by privilege. A person must reasonably believe that his or her legal adviser is licensed to practice law (Peo. v. Velasquez (1987) 192 Cal. App. 3d 322).
Privilege also can be vicariously applied to a witness, family member or other person(s) whose presence during a consultation is reasonably necessary to further a client’s legal interests. The privilege also applies to the attorney’s employees (paralegal, legal secretary, investigator, for example). These related .... © 2026 Legal Updates, LLC.
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