A Test For Determining If Attorney-Client Privilege Exists
Law360, New York ( March 10, 2015, 12:32 PM EDT) -- The attorney-client privilege has been a hallmark of Anglo-American jurisprudence for almost 450 years, yet its boundaries and confines remain subject to testing from litigants — including legal malpractice plaintiffs. Thus, the California Court of Appeal recently examined the applicability of the privilege in the context of intrafirm communications between attorneys regarding a dispute with a client in a subsequent action for malpractice by that client in Edwards Wildman Palmer LLP v. Superior Court (2014) 231 Cal.App.4th 1214. In Edwards Wildman Palmer, the court held that where a genuine attorney-client relationship exists between the attorneys who engage in the intrafirm communications, the attorney-client privilege remains applicable....
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