As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.
Particular PrivilegesLawyer-client Privilege
Section § 950
This law defines the term "lawyer" as someone who is either authorized to practice law or reasonably believed by the client to have such authorization, in any state or country.
lawyer definition authorized to practice law client belief
Section § 951
This law defines a 'client' as anyone who consults a lawyer for legal services or advice, either directly or through someone authorized to act on their behalf. It also includes situations where a guardian or conservator consults a lawyer on behalf of a person who is unable to make decisions for themselves due to incompetence.
As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent.
client definition authorized representative consults a lawyer
Section § 952
In simple terms, this section defines what a "confidential communication between client and lawyer" is. It refers to information shared privately between a client and their lawyer during their relationship. This information is intended to be kept secret from anyone not involved in helping the client or necessary for the legal advice. It also includes any legal opinions or advice given by the lawyer as part of this relationship.
As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the course of that relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted, and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship.
confidential communication client-lawyer relationship private information
Section § 953
This law defines who holds certain legal privileges. If the client is living and has no guardian, the client holds the privilege. If there is a guardian or conservator, they generally hold the privilege unless their interests conflict with the client's. If the client has passed away, their personal representative holds the privilege. For organizations that no longer exist, a successor or similar representative holds the privilege.
As used in this article, “holder of the privilege” means:
(a)CA Evidence Code § 953(a) The client, if the client has no guardian or conservator.
(b)Copy CA Evidence Code § 953(b)
(1)Copy CA Evidence Code § 953(b)(1) A guardian or conservator of the client, if the client has a guardian or conservator, except as provided in paragraph (2).
(2)CA Evidence Code § 953(b)(2) If the guardian or conservator has an actual or apparent conflict of interest with the client, then the guardian or conservator does not hold the privilege.
(c)CA Evidence Code § 953(c) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code.
(d)CA Evidence Code § 953(d) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence.
privilege holder client guardian conflict of interest
Section § 954
This section explains that clients can keep communications with their lawyers private. They can refuse to share these confidential discussions and can stop others from sharing them. This privilege applies if claimed by the client, someone authorized by the client, or the lawyer themselves. However, the lawyer can't claim this privilege if the client no longer exists or if instructed otherwise by an authorized person.
This confidentiality rule applies to both individual clients and organizations like partnerships and corporations. It also includes services provided by law corporations and their employees to their clients.
Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by:
(a)CA Evidence Code § 954(a) The holder of the privilege;
(b)CA Evidence Code § 954(b) A person who is authorized to claim the privilege by the holder of the privilege; or
(c)CA Evidence Code § 954(c) The person who was the lawyer at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he is otherwise instructed by a person authorized to permit disclosure.
The relationship of attorney and client shall exist between a law corporation as defined in Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of the Business and Professions Code and the persons to whom it renders professional services, as well as between such persons and members of the State Bar employed by such corporation to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations and other groups and entities.
client confidentiality attorney-client privilege confidential communication
Section § 955
A lawyer must assert confidentiality privilege if asked to reveal a communication that's legally protected when they are present. This obligation applies when the lawyer is allowed to claim this privilege according to specific rules.
The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 954.
lawyer confidentiality communication privilege asserting privilege
Section § 956
This law states that the usual privacy protections between a lawyer and their client do not apply if the lawyer's services were used to help someone commit or plan a crime or fraud. However, there's an exception for legal services related to medicinal or adult-use cannabis that follow state and local laws. These communications remain private, as long as the lawyer also informs the client about any conflicts with federal law.
(a)CA Evidence Code § 956(a) There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a fraud.
(b)CA Evidence Code § 956(b) This exception to the privilege granted by this article shall not apply to legal services rendered in compliance with state and local laws on medicinal cannabis or adult-use cannabis, and confidential communications provided for the purpose of rendering those services are confidential communications between client and lawyer, as defined in Section 952, provided the lawyer also advises the client on conflicts with respect to federal law.
attorney-client privilege crime or fraud exception medicinal cannabis legal services
Section § 956.5
This law says that a lawyer cannot keep a client's communication confidential if they believe revealing it is necessary to stop a criminal act likely to cause death or serious injury.
There is no privilege under this article if the lawyer reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.
attorney-client privilege disclosure confidential communication
Section § 957
This law explains that when people are involved in a legal dispute and all of them are making claims based on rights they got from a deceased person, there is no confidentiality in communications that are relevant to the issue. It doesn't matter how they got their claims, whether through a will, not having a will, transfers made without probate, or transactions made while the person was alive.
There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession, nonprobate transfer, or inter vivos transaction.
deceased client communication relevance privilege exception
Section § 958
This law says that when there's a legal issue about either a lawyer or a client breaking their obligations in their professional relationship, communications between them aren't protected by confidentiality rules. In other words, if there's a dispute over duties being violated, their communications can be used as evidence in court.
There is no privilege under this article as to a communication relevant to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client relationship.
lawyer-client privilege communication breach of duty
Section § 959
This law says that if a lawyer is a witness to a document a client signs, there is no lawyer-client confidentiality for talks about the client's intentions, competence, or the signing process of that document.
There is no privilege under this article as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document of which the lawyer is an attesting witness, or concerning the execution or attestation of such a document.
attested document lawyer-client confidentiality intention of client
Section § 960
This law states that there is no confidentiality protection for communications about a deceased client’s intentions regarding a deed, will, or any other document that affects property interests. In other words, such communications can be used in legal proceedings if they are relevant to understanding the deceased person's intent.
There is no privilege under this article as to a communication relevant to an issue concerning the intention of a client, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the client, purporting to affect an interest in property.
privilege client intention deceased
Section § 961
This law explains that there is no legal protection (or privilege) for communications about whether a deed, will, or any written document impacting property interests is valid if the client who made it has passed away.
There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a client, now deceased, purporting to affect an interest in property.
privilege waiver deceased client property interest
Section § 962
When two or more people hire the same lawyer for a shared matter, they cannot claim attorney-client privilege for communications related to that matter if they end up in a civil case against each other. This means anything they discussed with the lawyer about their common interest might be used in court if they sue each other.
Where two or more clients have retained or consulted a lawyer upon a matter of common interest, none of them, nor the successor in interest of any of them, may claim a privilege under this article as to a communication made in the course of that relationship when such communication is offered in a civil proceeding between one of such clients (or his successor in interest) and another of such clients (or his successor in interest).
attorney-client privilege common interest attorney shared lawyer
