| 1. |
In California the attorney-client privilege is governed by common law. |
True |
False |
| 2. |
The attorney is the exclusive holder of the attorney-client privilege. |
True |
False |
| 3. |
The attorney is the exclusive holder of the work-product protection. |
True |
False |
| 4. |
The attorney-client privilege applies only to communications made between a client and counsel in anticipation of litigation. |
True |
False |
| 5. |
Any disclosure of a confidential communication by the attorney or client to a third party waives the attorney-client privilege. |
True |
False |
| 6. |
California statutory law governs waiver of the attorney work product protection. |
True |
False |
| 7. |
Exchanging privileged communications with another party during business negotiations waives the attorney-client privilege. |
True |
False |
| 8. |
Codefendants and their counsel are entitled to communicate in confidence with one another on matters of common interest. |
True |
False |
| 9. |
Codefendants in California state court litigation can rely on a joint defense privilege to protect their confidential communications. |
True |
False |
| 10. |
Under federal law the attorney-client privilege is governed by common law. |
True |
False |
| 11. |
Allied parties in federal court litigation have a joint defense privilege. |
True |
False |
| 12. |
The federal joint defense privilege is an extension of the attorney-client privilege. |
True |
False |
| 13. |
A court can conduct an initial in camera review of the content of a communication to determine whether a privilege exists. |
True |
False |
| 14. |
Parties negotiating a business deal can never have a common interest because they are necessarily adverse to each other. |
True |
False |
| 15. |
Parties sharing a common interest can be confident that the disclosure of confidential information exchanged during a business transaction will be protected if they execute a joint defense agreement. |
True |
False |
| 16. |
In later-filed litigation, a party can avoid having to disclose confidential communications shared with a third party by submitting a privilege log to the trial court. |
True |
False |
| 17. |
A party can demonstrate nonwaiver by establishing that a confidential communication took place and submitting a general declaration that the parties share a common interest. |
True |
False |
| 18. |
Only parties who physically possess privileged documents need to assert the attorney-client privilege in litigation to prevent the waiver of the privilege. |
True |
False |
| 19. |
A party waives the attorney-client privilege and attorney work product protection for documents it shares with the government during a government investigation. |
True |
False |
| 20. |
Parties negotiating a business transaction cannot share legal analyses of important issues with each other without waiving the attorney-client privilege and attorney work-product doctrine. |
True |
False |