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Reading: ‘Dead Men Tell No Tales,’ but Their Attorney May Have To: Overlooked Exceptions to Privilege in California
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Legal Mag > Blog > Litigation > ‘Dead Men Tell No Tales,’ but Their Attorney May Have To: Overlooked Exceptions to Privilege in California
Litigation

‘Dead Men Tell No Tales,’ but Their Attorney May Have To: Overlooked Exceptions to Privilege in California

Press Room
Press Room 1 month ago
Updated 2023/02/14 at 12:58 PM
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Attorneys treat privileges as sacrosanct. We believe that everything a client tells us in private stays in our metaphorical vault, never to see the light of day under the attorney-client privilege. All good attorneys know that the client is the holder of this privilege, and even if an attorney wanted to tell-all, no attorney can waive this privilege without a client’s consent under California Evidence Code Section 912.

The same rule applies to doctors under Evidence Code Section 994. Relatedly, a spouse cannot testify as to anything their husband or wife told them in confidence while they were married if their spouse (or former spouse) objects under Evidence Code Section 980.

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Press Room February 14, 2023
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