Category: Attorney-Client Privilege

Subscribe to Attorney-Client Privilege RSS Feed

Successor Trustee Gets Privileged Documents Even if Trust Says Otherwise

The attorney-client privilege in California belongs to the office of trustee, not to the incumbent in that office, thus generally allowing successor trustees to obtain confidential communications that their predecessors had with counsel.  We blogged last year about an appellate opinion that reinforced this concept. Last month, in Morgan v. Superior Court (2018) 23 Cal.App.5th … Continue Reading

California Courts Must Examine Outgoing Trustee’s Assertion of Attorney-Client Privilege

One challenge that California trustees face is the prospect that confidential attorney-client communications will pass to successor trustees if they resign or are removed from office.  The attorney-client privilege belongs to the client, but the client is the office of the trustee, not the incumbent who holds that office.  Hence, the successor trustee generally gets … Continue Reading

Opening the Curtains of Attorney-Client Privilege

The attorney-client privilege, a bedrock principle of our legal system, protects confidential communications between clients and their attorneys, and the lawyer’s duty to preserve client confidences generally continues after the death of the client. Under the California Business and Professions Code, lawyers must “maintain inviolate the confidence, and at every peril to himself or herself … Continue Reading
LexBlog