The attorney-client relationship is afforded unique protections under the law. Courts will uphold the protections of that relationship in recognition of the fact that clients should feel encouraged to seek legal advice and rely on advice from a lawyer. And California law places a substantial burden on lawyers to take steps to protect the attorney-client privilege.

Indeed, Section 6068(e) of the Business and Professions Code calls on lawyers "[t]o maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client." The risk of not protecting the privilege is that the lawyer can face criticism from the bar or courts. The privilege can also be subject to waiver, particularly if the client and attorney are not taking sufficient steps to guard the privilege. Indeed, a party seeking to invade the attorney-client relationship or to obtain disclosure of confidential information may try to show that neither attorney nor client acted to protect confidentiality in the relationship.