Ethics/Professional Responsibility
Feb. 2, 2000
Privilege Prevails
Historically, the California Supreme Court has held the attorney-client privilege in high esteem and has pronounced it to be "fundamental to ... the proper functioning of our judicial system." Mitchell v. Superior Court, 37 Cal.3d 591 (1984). In two recent decisions, the court has stayed the course and reinforced the sanctity of the attorney-client privilege in examining the burdens that a litigant who seeks to pierce that privilege and obtain discovery of an adversary's attorney-client communications must meet.
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