How does attorney-client privilege work in California?

In California, privileged information between attorneys and their clients remains confidential after the case ends. An attorney may never share protected information without a client’s consent. Even if a client dies, this information may not be disclosed.

What is the California rule on confidentiality?

[8] Disclosure of confidential information must be no more than is reasonably necessary to prevent the criminal act. Under paragraph (D), disclosure of confidential information, when made, must be no more extensive than the member reasonably believes necessary to prevent the criminal act.

Is the identity of a client privileged in California?

It is not binding upon the courts, The State Bar of California, its Board of Governors, any persons or tribunals charged with regulatory responsibilities, or any member of the State Bar. The prevailing view is that identity of the client is not privileged and his attorney cannot refuse to disclose the client’s name.

What is the difference between confidentiality and attorney-client privilege?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

Does the attorney-client privilege survive death California?

Under the Evidence Code (Sections 953-954), the attorney-client privilege survives the client’s death so long as there is a personal representative, who holds the deceased client’s privilege. Accordingly, the privilege survives during administration of the client’s estate.

What type of information Cannot be kept confidential by the attorney-client privilege?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients’ cases with others. They must ordinarily keep private almost all information related to representation of the client, even if that information didn’t come from the client.