attorney client privlege when lawyer represents himself and mulitple entites california

The doctrine holds that the attorney–client privilege protects communications between the multiple clients and the lawyer from disclosure to third parties, but does not protect those communications if the co-clients later become adverse to one another.

Full Answer

What is the attorney-client privilege in California?

In California, the privilege is defined by statute. Under Evidence Code § 954, a “client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer,” subject to exceptions provided in Evidence Code §§ 950-962.

Does the lawyer-client privilege protect every communication between an attorney and client?

Basics of the Attorney-Client Privilege in California (Part I) - San Diego Corporate Law. Indeed, the attorney-client privilege has been recognized in Anglo-American law for centuries and has generated thousands of cases and books and manuscripts about the contours and limits of the privilege. One of the more debated aspects is how broadly to define the attorney-client …

Can a lawyer assert attorney-client privilege on behalf of a deceased client?

Oct 14, 2021 · What’s Covered Under Attorney Client Privilege? The attorney-client privilege in the United States is often defined by reference to the 5 Cs: (1) a Communication (2) made in Confidence (3) between a Client (4) and Counsel (5) for the purpose of seeking or providing legal Counsel or advice.

Can California employers avoid the attorney-client privilege vortex?

Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or …

Can two lawyers represent the same client?

Similarly, although co-counsel can generally share information con- fidentially without a joint prosecution/defense agreement because they are all representing the same client, simply having sensitive information pass through more hands can lead to practical challenges in protecting confidenti- ality.Dec 1, 2021

Can a lawyer represent his client?

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Can in house counsel represent other clients California?

Must be licensed and in good standing in another jurisdiction. Must obtain pro hac vice admission to appear in court or in deposition. Cannot represent clients other than company (other than for representation related to work for company).

What is Kovel doctrine?

In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter.Jan 29, 2019

Can a lawyer defend himself?

Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.

How does a lawyer introduce himself to a client?

An Introduction:Attorney identifies themself (or not) A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.” ... A theory of the case. One or two sentences which tell the jury what your case is about. ... Briefly tell the jury why they are there.

Can represented clients talk to each other?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

Should a lawyer communicate with another party whom the lawyer knows is represented by counsel?

(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.

Can two represented parties talk to each other?

No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.Sep 26, 2016

What is a Kovel letter?

A Kovel letter is used in very-limited situations, in which an attorney wants to try to extend the attorney-client privilege on matters involving highly-complex accounting/tax situations only. When Kovel is not used correctly, it jeopardizes the attorney-client privilege.

What is a Kovel accountant?

A Kovel Accountant is an accountant who is used by attorneys/clients in very limited situations in which the attorney and/or client must communicate with another non-attorney accountant such as a CPA or Enrolled Agent, but the Attorney wants to try to extend the privileged communications beyond the Attorney, and to the ...

What is attorney client privilege?

The attorney-client privilege applies to both civil and criminal matters and in fact it applies to any communication between an attorney and a client, whether in litigation or not. Any discussions concerning a contract, a will, a real estate deal or a family problem with your attorney is equally privileged. The attorney cannot reveal what was said or be made to testify about what was said without your express prior consent.

What is the exception to the law regarding a lawyer?

There is only one exception. The exception applies if you inform your attorney that you intend to commit a crime which may endanger someone else. In that case the attorney is required to report the facts and details of that particular conversation.

What is attorney client privilege?

The attorney client privilege is traditionally described as one of the oldest privileges for confidential communications recognized at common law. Swidler & Berlin v. United States, 118 S.Ct. 2081, 2084-85 (1998). Yet, the application of the privilege to the communications of government attorneys and their clients has received relatively little attention either in the case law or the academic literature. As any public lawyer recognizes, there are unique aspects of government practice that complicate application to government lawyers of privilege rules designed for private practitioners. For example, even identifying the government lawyer’s client in a particular setting can be problematic. Is a city attorney’s client the city, the department to which the lawyer is assigned, or an individual public official? Does the identity of the client depend upon the particular legal issue being addressed? The role of the government lawyer also can be very different from the role of a private practitioner in an analogous setting. It is generally thought that a public lawyer has a special responsibility to temper the interest in attaining a client’s goal with assuring that the public interest is served. These differences have affected the way in which court’s have applied the attorney-client privilege to communications between government lawyers and public officials and others.

Why is the privilege of a government lawyer important?

First, the identity of the government lawyer’s client is not always obvious. Second, it may be that the public interest in a particular situation outweighs any perceived need for confidentiality.

Why are city attorneys not protected?

At least some communications that are clearly privileged for private entities and their counsel, may not be protected when they involve government attorneys and public officials because of the overriding public interest in ensuring adherence to the law.

What is the significance of the case of Grand Jury and Reed v. Baxter?

Although the decision in Reed v. Baxter -- that the members of the City Council did not share the same interests as the city executives – seems incorrect, the case suggests that close attention must be paid to the nature of the legal interests of individuals who participate in meetings where legal advice is communicated. While it is the case that the City can act only through its officials and that in some sense all city officials should be considered clients, there may be times when some of those officials have interests that are not parallel to the City’s interests. Baxter suggests that it would be prudent for city attorneys to create a record of the need for legal advice for each of the officials who attend a meeting with a city attorney for the receipt of legal advice. In addition, care should be taken to ensure that tangentially interested parties not be included in such meetings. These issues can arise frequently in the context of employment litigation (as in Baxter itself), as well as when representatives of various interest groups are invited to discuss the resolution of a particular legal issue. The mere presence of a city attorney providing advice in such a situation is not adequate to ensure that the communications are privileged from disclosure in subsequent civil litigation brought by a private party.

What is attorney privilege?

Pursuant to Business and Professions Code section 6068, subd. (e), an attorney must maintain inviolate a client’s confidences. The only exception in that statute is that an attorney may, but is not required to, reveal confidential information to the extent that the attorney reasonably believes ...

Is a trustee a personal representative?

And, a trustee is not a personal representative. (Prob. Code §58.) Accordingly, in situations where there is no personal representative, then there is no holder of the privilege and the attorney cannot assert the attorney-client privilege on behalf of a deceased client.

Is there an exception to attorney-client privilege?

An attorney should also be aware that even when the attorney-client privilege is not terminated because there is a personal representative, the Evidence Code provides exceptions to the attorney-client privilege in several situations, primarily involving a decedent’s estate planning, which require the attorney to reveal the client’s confidential information. (See Evid. Code §§956-962.)

Can an attorney claim attorney-client privilege?

Evidence Code section 955 provides that an attorney may only claim the attorney-client privilege on behalf of a client if the attorney is authorized to claim the privilege under Evidence Code section 954 (c).

What Is Attorney-Client Privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. This is the name given to the common law concept of legal professional privilege in the United States.

Purpose of Attorney-Client Privilege

The purpose of the attorney-client privilege is to promote open and frank communications between clients and their lawyers. To represent a client effectively, lawyers must have access to all relevant information concerning the representation.

Attorney Client Privilege Exceptions

Death of a client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent’s heirs, legatees or other parties claiming under the deceased client.

What Happens When Attorney-Client Privilege is Broken?

Specific sanctions may be imposed on an attorney who reveals confidential communications, but where there is the mere potential for disclosure, disqualification motions are common.

Meet some of our Lawyers

G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits.

Why is it privileged to talk to a lawyer?

If the employee has witnessed an event requiring legal advice, communications with counsel are privileged when the employee is required to report the matter, and the “dominant purpose” for requiring the employee to talk with a lawyer is to provide the lawyer information from the company.

What are the principles of attorney-client privilege?

California courts apply a different set of factors. In the leading case, D. I. Chadbourne, Inc. v. Superior Court, the California Supreme Court listed eleven “basic principles” to determine when the attorney-client privilege exists in a corporate setting. Chadbourne’s principles overlap somewhat with federal law: (1) the communications must emanate from the employees’ job responsibilities and (2) the employee must understand that the communications are confidential. But Chadbourne adds some additional wrinkles, breaking privileged communications into three categories: 1 If the employee is a defendant or may be charged with liability because of being employed, statements to in-house counsel relating to the potential dispute are privileged. 2 In the ordinary course of business, employee communications with counsel are privileged if they “emanate” from the corporation, and the employee is the person who would ordinarily communicate the information to counsel. 3 If the employee has witnessed an event requiring legal advice, communications with counsel are privileged when the employee is required to report the matter, and the “dominant purpose” for requiring the employee to talk with a lawyer is to provide the lawyer information from the company.

Which court has the Upjohn standard?

Federal courts, while applying federal-question jurisdiction, apply the well-known Upjohn standard. The Ninth Circuit describes this standard as protecting communications by any corporate employee, regardless of position, when. the communications concern matters within the scope of the employee’s corporate duties, and.

Does California have attorney-client privilege?

California courts have extended attorney-client privilege to some situations involving communication with former employees. Courts recognize the privilege where the corporate lawyer communicates with former employees when (1) matters fall in the former employees’ prior scope of employment, and ...

Did the employee have a cooperation agreement with his former employer?

The employee did not have a cooperation agreement with his former employer, and the former employee was not the only source of the information the company sought. Many employers could avoid this predicament with a joint-defense agreement with the former employee.

Is the attorney-client privilege dead?

Contrary to some high-level publicity on the subject, the attorney-client privilege is not dead. Indeed, it thrives, at least as it exists between California employers and their employees. But to ensure clear sailing, employers communicating with current and former employees should keep some tips in mind, lest they destroy the privilege in a storm of their own making:

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

What is the client privilege?

The Client's Privilege. Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.

Why is confidentiality important in law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

What is an example of a civil suit?

Example: In a civil suit regarding allegedly stolen funds, the judge orders the defense to turn over to the plaintiff documentation of conversations between the defendant and his attorney. The defense argues that the attorney-client privilege applies, and that the documents are protected. But the documents relate to plans between ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

What Are Exceptions to The Lawyer-Client Privilege?

• There are two major exceptions to the lawyer-client privilege under the California Evidence Code. These are:

See more on shouselaw.com

What Is Waiver of The California Attorney-Client Privilege?

For Legal Representation…

The Basics of Attorney-Client Privilege

See more on hplawsd.com

The Importance of Holder of The Privilege

Statement from The California Supreme Court on Privilege After Death

Exceptions to Attorney-Client Privilege Without A Personal Representative

in Summary, Careful Evaluation Is Required