John Scheerer is a partner with Sacks, Glazier, Franklin & Lodise. Courtesy photo 'Dead Men Tell No Tales,' but Their Attorney May Have To: Overlooked Exceptions to Privilege in California
Attorneys or their clients might mistakenly, but reasonably, believe that the privilege automatically continues on in perpetuity, but in the probate world, privileges are often eviscerated as a matter of statutory law after death.
February 14, 2023 at 06:00 AM
6 minute read
Legal Ethics and Attorney Discipline
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.
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