Can an attorney waive work product privilege without the client's consent?

California, United States of America


The following excerpt is from Nelson v. Tucker Ellis, LLP, 262 Cal.Rptr.3d 250, 48 Cal.App.5th 827 (Cal. App. 2020):

Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1353, 156 Cal.Rptr.3d 335 [as the "exclusive holder of the work product privilege," an attorney "can waive the work product privilege without the consent of the client"].)

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