When will a judge order disqualification of a lawyer for breaching attorney-client privilege?

California, United States of America


The following excerpt is from Nat'l Grange the Order of Patrons of Husbandry v. Guild, 250 Cal.Rptr.3d 705, 38 Cal.App.5th 706 (Cal. App. 2019):

of the process." On the contrary, not ordering disqualification would undermine confidence in the legal process. "The paramount concern must be to preserve public trust in the scrupulous administration of justice and the integrity of the bar. The important right to counsel of one's choice must yield to ethical considerations that affect the fundamental principles of our judicial process." ( People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc., supra , 20 Cal.4th at p. 1145, 86 Cal.Rptr.2d 816, 980 P.2d 371.) "Protecting the confidentiality of communications between attorney and client is fundamental to our legal system. The attorney-client privilege is a hallmark of our jurisprudence that furthers the public policy of ensuring "the right of every person to freely and fully confer and confide in one having knowledge of the law, and skilled in its practice, in order that the former may have adequate advice and a proper defense." " ( Id. at p. 1146, 86 Cal.Rptr.2d 816, 980 P.2d 371.)

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