At issue here are two divergent legislative schemes: 1) An expert engaged to assist a lawyer in representation of a client is obligated to maintain the confidentiality of client communications. [Evidence Code sections 912 and 952.]; 2) Under the Child Abuse and Neglect Reporting Act [CANRA; Penal Code section 11164, et seq.], psychiatrists, psychologists, clinical social […]
Attorney-Client Privilege May Be Passed On To A Bankrupt Corporation’s Insurer.
A bankrupt corporation which purportedly only existed as a shell through which personal injury claims were passed on to its insurer for resolution was sued for personal injury. Pursuant to its reorganization plan, the action was submitted to its insurers, who provided a defense. When discovery was propounded to the corporation, the corporation’s attorney (who had […]
Think Theories Through Before Filing Complaint!
Plaintiff, an attorney, represented a client, also an attorney, in a prior civil suit against the client’s employer for discrimination, harassment, retaliation, wrongful termination, and other related claims. By motion, plaintiff withdrew from the case at the beginning of trial. The client could not find another attorney to represent her, and the trial court dismissed the […]
Attorney Disqualification Order Reversed.
In a Lemon Law case brought under the Song-Beverly Consumer Warranty Act [Civil Code section 1790], Ford Motor Company successfully moved to disqualify plaintiff’s lawyer on grounds the lawyer previously defended Ford in other Lemon Law cases. The appellate court reversed the attorney disqualification order, stating: “The trial court abused its discretion in concluding that the […]
Reviewing Opponent’s Privileged Documents May Lead To Attorney Disqualification.
Where law firm obtained opponents’ privileged documents which were protected by the attorney-client privilege and used these documents, the trial court properly disqualified the law firm. Where lawyers receive documents that are obviously privileged, they can only examine them to the extent necessary to determine the privileged character of the documents and immediately notify the sender that […]
Supreme Court Expands Attorney Duties To Previously Represented Client.
In an earlier case, Oasis West Realty LLC v. Goldman, the court of appeal held that a lawyer who had previously represented the plaintiff in a real estate permit application was not precluded from later engaging in political activity opposing the permit. The California Supreme Court reversed in Oasis West Realty LLC v. Goldman (Cal.Supr.Ct.; May 16, 2011) […]
Attorneys May Not Prohibit Client From Settling Without Their Consent.
A client has the right to abandon a suit without the lawyer’s consent. Therefore public policy voids a provision in a contingency fee contract that prohibits the client from settling the case without the consent of the lawyer. In Lemmer v. Charney (Cal. App. Second Dist., Div. 8; May 5, 2011) 195 Cal.App.4th 99, [125 Cal.Rptr.3d […]
Litigation Privilege Does Not Protect Attorneys.
Plaintiffs sued their neighbors for dumping contaminated debris on their property. The court ordered the neighbors’ lawyers to disburse certain funds if their clients did not clean up as ordered. When the neighbors did not remove the debris, their lawyers “disbursed the funds in a manner contrary to plaintiffs’ interest in remediating the debris on their […]
Attorney Client Privilege Protects Communications Between Attorneys Regarding Case Being Handled By Firm.
In Fireman’s Fund Insurance Company v. Sup.Ct. (Front Gate Plaza, LLC) (Cal. App. Second Dist., Div. 3; June 28, 2011) 196 Cal.App.4th 1263, [127 Cal.Rptr.3d 768, 2011 DJDAR 9647], the trial court ruled that communications between counsel representing the same party were not privileged under the attorney client privilege and ordered the lawyer involved in the communications to answer […]
No Disqualification Of Counsel Because No Attorney-Client Relationship.
In one case, a lawyer represented a client who was one of two shareholders in a development corporation. That client sued the other shareholder for violation of fiduciary duties. The other shareholder filed a petition for court supervision of the winding up of the corporation. In the winding-up action, the same lawyer who represented the […]