Perspective
Aug. 17, 2011
Hiding behind the mask of the attorney-client privilege
Judges should not be required to rely solely on disclosures when determining whether documents are privileged. By Brian Kabateck and Douglas A. Rochen of Kabateck Brown Kellner LLP
California law currently prohibits judges from conducting an independent review of supposedly privileged documents to determine whether the "communication" between attorneys and clients falls within the "dominant purpose of the relationship," such as legal opinions and advice. Instead, judges can only rely on disclosures to the court to determine whether documents are privileged. Costco Wholesale Corp...
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