Can disclosure of attorney-client privilege constitute a waiver of attorney work product?

California, United States of America


The following excerpt is from Conservancy v. City of Santa Ana, G053003 (Cal. App. 2017):

14. Public Resources Code section 21167.6 does not abrogate the attorney-client privilege or the attorney work product doctrine. (Citizens for Ceres v. Superior Court (2013) 217 Cal.App.4th 889, 913.) Although disclosure of a communication between parties can constitute a waiver of the attorney-client privilege and attorney work product doctrine, communications between counsel for the public agency and counsel for the applicant might be protected under the common interest doctrine. (Id. at p. 914.) "The common-interest doctrine allows disclosure between parties, without waiver of privileges, of communications protected by the attorney-client privilege or the attorney work-product doctrine where the disclosure is necessary to accomplish the purpose for which the legal advice was sought. [Citation.]" (Ibid.)

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