What is the burden of proving attorney-client privilege?
The following excerpt is from Al Otro Lado, Inc. v. Wolf, Case No.: 3:17-cv-2366-BAS-KSC (S.D. Cal. 2020):
United States v. Ruehle, 583 F.3d 600, 607 (9th Cir. 2009). Defendants bear the burden of proving each of these elements as the party asserting the privilege. Id. at 608.
The attorney-client privilege is narrowly construed, United States v. Martin, 278 F.3d 988, 999 (9th Cir. 2002), and applies "'only when necessary to effectuate its limited purpose of encouraging complete disclosure by the client.'" Griffith v. Davis, 161 F.R.D. 687, 694 (C.D. Cal. 1995) (citations omitted).
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