Is attorney-client privilege to be interpreted more liberally or strictly?

California, United States of America


The following excerpt is from People v. Cabral, 12 Cal.App.4th 820, 15 Cal.Rptr.2d 866 (Cal. App. 1993):

"The apparent contradiction between whether the attorney-client privilege should be strictly construed or liberally construed appears to be that in attempting to establish an attorney-client relationship, or where the relationship is not clearly established, the privilege is to be strictly construed. [Citation.] But where the relationship has been established, the basic policy behind the attorney-client privilege to promote the relationship by safeguarding the confidential disclosures of the client and the advice given by the attorney, then the policy supports a liberal construction in favor of the exercise of the privilege." (People v. Velasquez, supra, 192 Cal.App.3d at p. 327, fn. 4, 237 Cal.Rptr. 366, emphasis added.)

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