Does attorney-client privilege apply to communications between "jailhouse lawyers" and their inmate clients?

California, United States of America


The following excerpt is from People v. Velasquez, 192 Cal.App.3d 319, 237 Cal.Rptr. 366 (Cal. App. 1987):

In Johnson v. Avery (1969) 393 U.S. 483, 89 S.Ct. 747, 21 L.Ed.2d 718, the high court recognized "jailhouse lawyers" serve an important function in the prison system; however, nowhere in the opinion does the court elevate a "jailhouse lawyer" to that of an attorney-at-law with the attendant responsibilities, burdens and privileges.

Appellant relies on Welfare Rights Organization v. Crisan, supra, 33 Cal.3d 766, 190 Cal.Rptr. 919, 661 P.2d 1073 as support for his contention the attorney-client privilege is extended to communications between "jailhouse lawyers" and their inmate "clients" impliedly by statute.

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