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

California, United States of America


The following excerpt is from Insurance Co. of North America v. Superior Court, 108 Cal.App.3d 758, 166 Cal.Rptr. 880 (Cal. App. 1980):

Our starting premise is that the attorney-client privilege exists to promote the attorney-client relationship by safeguarding the client's confidential disclosures and the attorney's advice. (San Francisco v. Superior Court (1951) 37 Cal.2d 227, 234-235, 231 P.2d 26.) The privilege is that of the client and not the attorney, and the client must intend that communications be confidential. If the client discloses attorney-client communications to unnecessary third parties, he manifests an intent to waive confidentiality. (Witkin, California Evidence (1966), 783, p. 729.) The key concept here is need to know. While involvement of an unnecessary third person in attorney-client communications destroys confidentiality, involvement of third persons to whom disclosure is reasonably necessary to further the purpose of the legal consultation preserves confidentiality of communication. This [108 Cal.App.3d 766] concept was recognized

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