particular privileges Flashcards
930 not to be called as a witness and not to testify
to extent that such privilege exists under US constitution or state of california, a D in criminal case has privilege not to be called as a witness and not to testify
940 against self incrimination
to extent that such privilege exists under US and Ca constitution, a person has a privilege to refuse to disclose any matter that may tend to incriminate him
950 lawyer means
a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation
951 client means
a person who directly or through authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal services or advice from him in his professional capacity, and includes an incompetent who himself so consults the lawyer or whose guardian or conservator so consults the lawyer in behalf of incompetent
952 confidential communication b/t client and lawyer means
info transmitted b/t 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 info to no third party persons other than whose 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 layer is consulted and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship
953 holder of privilege means
a) the client if they have no guardian or conservator
b) a guardian or conservator of the client, if they have one
c) personal rep of the client if the client is dead
d) a successor, assign, trustee in dissolution, or any other similar rep of a firm, association, organization, ptrship, business trust, corp, or public entity no longer in existence
954 lawyer-client privilege
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) The holder of the privilege;
(b) A person who is authorized to claim the privilege by the holder of the privilege; or
(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.
955 when a lawyer is required to claim privilege
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 it under 954(c)
956 exception: crime or fraud
no privilege if the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit a crime or fraud
956.5 exception: prevention of criminal act likely to result in death or substantial bodily harm
no privilege if 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
957 exception: parties claiming through deceased client
no privilege as to communication relevant to an issue b/t 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
958 exception: breach of duty arising out of lawyer-client relationship
no privilege as to a communication relevant to an issue of breach, by the lawyer or client, of a duty arising out of the lawyer-client relationship
959 exception: lawyer attesting as witness
no privilege as to a communication relevant to an issue concerning the intention or competence of a client executing an attested document if which the lawyer is an attesting witness or concerning the execution or attestation of such a document
960: exception: intention of deceased client concerning writing affecting property interest
no privilege 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
