ATTORNEY-CLIENT PRIVILEGE Flashcards
§ 950 - “Lawyer”
A lawyer is a “person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.”
§ 951 - “Client”
A “client” is “a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity . . . .”
§ 952 - “Confidential Communication b/t Client & Lawyer”
A “confidential communication between client and lawyer” describes “information transmitted between a client and his lawyer in the course of that relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted, and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship.”
§ 953 - Holder of the Privilege
A “holder of the privilege” means:
- the client,
- the personal representative of a deceased client, or
- the successor, assign, trustee in dissolution.
§ 954 - Lawyer-Client Privilege
§ 955 - When Lawyer Required to Claim Privilege
§ 956 - Crime or Fraud Exception
There is no privilege where a client consults or retains a lawyer to aid him in planning to commit or committing a crime or act of fraud. (Requires more than a client’s admission of a crime or fraud; lawyer needs to have participated in the crime or fraud.)
§ 956.5 - Exception for Preventing Criminal Acts Likely to Result in Death or Substantial Bodily Harm
There is no privilege if a lawyer reasonably believes that disclosing a confidential communication is necessary to prevent a criminal act that he reasonably believes will likely result in the death or substantial bodily harm of another.
§ 957 - Exception for Parties Claiming Through Deceased Client
§ 958 - Exception for Breach of Duty Arising Out of Lawyer-Client Relationship
There is no privilege for communications relevant to the lawyer or client’s breach of a duty arising out of the lawyer-client relationship.
§ 959 - Exception for Lawyer as Attesting Witness
There is no privilege for communications relevant to a client’s intention or competence in executing an attested document where the lawyer was an attesting witness. (Example: a pre-nuptial agreement.)
§ 960 - Exception for Deceased Client’s Intention Concerning Writing Affecting Property Interest
There is no privilege for communications relevant to a now deceased client’s intention with respect to a deed, will, or other writing executed by the client purporting to affect a property interest.
§ 961 - Exception for Validity of Writing Affecting Property Interest
There is no privilege regarding communication relevant to the validity of a deed of conveyance, will, or other writing executed by a now deceased client purporting to affect a property interest.
§ 962 - Exception for Joint Clients
Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may claim a lawyer-client privilege when the communication is offered in a civil proceeding between each other (or a successor in interest).
