How have courts interpreted attorney-client privilege in assessing a defendant's financial eligibility for a public defender's office?

California, United States of America


The following excerpt is from Luhdorff v. Superior Court, 166 Cal.App.3d 485, 212 Cal.Rptr. 516 (Cal. App. 1985):

In People v. Canfield (1974) 12 Cal.3d 699, 117 Cal.Rptr. 81, 527 P.2d 633, the defendant was required to give a financial statement to aid in the determination of whether or not he qualified for the services of the public defender's office. Defendant was interviewed in jail for the public defender's office by a law school graduate awaiting bar results. The graduate spoke with defendant about his finances and had him sign the financial eligibility form. (Id., at pp. 703-704, 117 Cal.Rptr. 81, 527 P.2d 633.) The court held the financial eligibility statement was protected by the attorney-client privilege.

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