Can attorney-client privilege apply to communications between a lawyer and a patient?

California, United States of America


The following excerpt is from People v. Gurule, 123 Cal.Rptr.2d 345, 28 Cal.4th 557, 51 P.3d 224 (Cal. 2002):

Communications potentially can be privileged under both the psychotherapistpatient privilege and the attorney-client privilege, and even if the former privilege is waived or otherwise inoperative, the latter privilege will still operate to render the communication confidential and privileged. (People v. Lines, supra, 13 Cal.3d at p. 513, 119 Cal.Rptr. 225, 531 P.2d 793.) Thus, the attorney-client privilege can apply here even though we conclude the psychotherapist-patient privilege does not apply by virtue of Evidence Code section 1017.

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