What is the test for good faith advice to an attorney to refuse to comply with a court order to reveal assertedly privileged information?

California, United States of America


The following excerpt is from Littlefield, In re, 11 Cal.Rptr.2d 703, 9 Cal.App.4th 329 (Cal. App. 1992):

6 We note that this case does not involve an attorney's good faith advice to a client to refuse to comply with a court order to reveal assertedly privileged information in order to obtain precompliance appellate review. (See Maness v. Meyers (1974) 419 U.S. 449, 95 S.Ct. 584, 42 L.Ed.2d 574.) Nor does this case concern the good faith urging of an erroneous legal position or the legitimate protest of a court ruling. (See Gallagher v. Municipal Court (1948) 31 Cal.2d 784, 192 P.2d 905; Cooper v. Superior Court (1961) 55 Cal.2d 291, 10 Cal.Rptr. 842, 359 P.2d 274.) This case involves a deliberate albeit good faith refusal of an attorney to obey a lawful order of the court directed at the attorney.

1 Unless otherwise indicated, all future statutory references are to the Penal Code.

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