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 ....