Can a trustee prevent discovery of confidential communications it has had with an attorney?

Evidentiary privileges are creatures of statute. (Evid.Code, 911; Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 373, 20 Cal.Rptr.2d 330, 853 P.2d 496.) Consequently, whether a trustee can claim the attorney-client privilege, and thereby prevent discovery of confidential communications it has had with an attorney, depends upon statute. A "client" ordinarily has a privilege to refuse to disclose confidential communications the client has had with an attorney. (Evid.Code, 954.) For purposes of the attorney-client privilege, the term " 'client' means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity...." (Evid.Code, 951.) A trustee therefore can claim the attorney-client privilege if the trustee, qua trustee, has the power to become an attorney's client.