Document production in litigation often involves massive numbers of documents, and established California law recognizes that the inadvertent inclusion of privileged documents in that context should not automatically be deemed a waiver of privilege. Much has been written about the duty to stop review and notify the privilege holder, as imposed by the trio of California cases.
A recent Second District opinion, now superseded by the California Supreme Court’s grant of review, has highlighted the ongoing controversy in California courts over whether or not law firm billing statements to clients are protected communications. In County of Los Angeles Board of Supervisors v. Superior Court,1 the real party in interest, ACLU of Southern California, sought…
Orange County Lawyer Magazine. A client whom you currently represent in litigation takes on an aggressive tone, accusing you of mishandling his or her legal matter… While the relationship with your client still exists, you speak with another of your firm’s partners about how the firm should respond. Is the communication going to be privileged? [Download PDF]
As recounted in Virgil’s Aeneid, the gift of the wooden horse brought an unexpected end to the Trojan War. Sometimes, in litigation, gifts come with a price. Most evidence is derived through the legitimate process of discovery, yet evidence may also arrive in nontraditional ways such as the anonymous delivery of documents or the appearance of a third-party witness who offers a hard drive containing materials relevant to your case.
Orange County Lawyer Magazine Lack of communication between lawyer and client not only impairs the trust and confidence that is essential to a functioning attorney-client relationship, it can also lead to liability for legal malpractice. [Download PDF]
Most disqualification cases arise from a conflict of interest involving disclosure or the threat of disclosure of confidential information.1 On occasion, a disqualification motion will be made upon the alleged unethical conduct of adverse counsel. In some cases, courts have held that a litigant may have standing to assert a basis for disqualification of the opposing counsel even where there was no pre-existing attorney-client relationship between that counsel and the moving party, and confidential information was not involved.