Perspective
Jun. 2, 2011
Attorney-Client Privilege: The Accidental Waiver
Privileged notes may no longer be confidential if a careless client reads them when testifying. By Richard La Fianza and Frank Loo of the San Bernardino public defender's office
One foundation of our legal system is the attorney-client relationship. Normally what a client tells her attorney in confidence can never be revealed. In fact, this privilege is so important that it survives after the client has died. It therefore seems quite ironic a careless client can inadvertently waive something that our justice system holds so dear. The results of such a waiver can be catastrophic, just ask Mark Gray.
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