What is attorney-client privilege and what is the test?

California, United States of America


The following excerpt is from League of Cal. Cities v. Superior Court of San Diego Cnty., 194 Cal.Rptr.3d 444, 241 Cal.App.4th 976 (Cal. App. 2015):

The attorney-client privilege is a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer.... (Evid. Code, 954.) A client within the meaning of the attorney-client privilege is a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal services or advice [from the lawyer in the lawyer's] professional capacity. (Evid. Code, 951.) A confidential communication between client and lawyer means information transmitted between a client and his or her lawyer in the course of [the attorney-client] relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those present to further the [client's] interest ... in the consultation or those to whom disclosure is reasonably necessary for transmission of the information or the accomplishment of the purpose for which the attorney is consulted. (Evid. Code, 952.) [T]he privilege applies not only to communications made in anticipation of litigation, but also to legal advice when no litigation is threatened. (Roberts v. City of Palmdale(1993) 5 Cal.4th 363, 371, 20 Cal.Rptr.2d 330, 853 P.2d 496.)

Other Questions


What is attorney-client privilege and what is the test for privilege? (California, United States of America)
What is the test for determining whether privileged information is privileged in a civil case? (California, United States of America)
What is the legal test for a motion to suppress, and what is the test for the Fourth Amendment? (California, United States of America)
What is the test for the constitutionality of section 190.3(1) of the Criminal Code, and what is the scope of the test? (California, United States of America)
What is the test for establishing a "principal test" in a civil case? (California, United States of America)
What is the test for invoking the Fifth Amendment privilege? (California, United States of America)
What is the test for a waiver of the Fifth Amendment privilege? (California, United States of America)
What is the test for disqualification of an attorney who improperly obtained privileged information from an opposing attorney? (California, United States of America)
What is the test for determining whether there is probable cause plus balancing test? (California, United States of America)
What is the legal test for a motion to suppress, and what is the test for the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.