Download Publication The First District holds an attorney’s factual investigation conducted on behalf of a client is protected by the attorney-client privilege and the work product doctrine, regardless of whether the attorney rendered legal advice. Andrea Waters was the first firefighter and paramedic for the City of Petaluma (City). Claiming harassment, discrimination and retaliation, she […]
Download Publication The Supreme Court holds inadvertent disclosure of attorney-client privileged and work product protected documents pursuant to a Public Records Act request does not constitute waiver, and the claw back rules of inadvertently disclosed documents apply. Plaintiff filed a class action lawsuit against Defendant City challenging the validity of a certain tax and seeking […]
Download Publication The Second District holds neither the attorney-client privilege nor work product protection precludes counsel’s contact with an opposing expert who has already testified, and disqualification is not warranted. State Fish Company, Inc. (State Fish), a seafood business owned and operated by the DeLuca family sued its former director, John DeLuca, who opened a […]
Download Publication The Supreme Court holds that witness statements procured by an attorney are entitled to absolute or qualified work product protection to be determined on a case-by-case basis. Furthermore, an interrogatory requesting a list of witness from whom an attorney has procured a statement may be entitled to absolute or qualified work product protection […]
Download Publication The Second District holds that communications among attorneys at a law firm are protected by the attorney-client privilege. Unwritten work product is absolutely protected. Front Gate Plaza, LLC sued Fireman’s Fund Insurance Company (FFIC) for bad faith in handling property damage claims. Sunil Chand, an employee of Primero Management, Inc., a Front Gate […]
Download Publication The Ninth Circuit holds that a claim dependent upon attorney-client or work product information constitutes an implied waiver as to all communications on the specific topic of the claim, but not a blanket waiver as to all attorney-client or work product privileged information. Rolando Hernandez filed suit against the City of Vancouver and […]
Download Publication The Supreme Court holds that use of an opponent’s absolute work product justifies disqualification. Mitsubishi was a defendant in a roll over accident lawsuit. Its lawyers James Yukevich and Alexander Calfo met with Mitsubishi representatives and two designated defense experts to discuss their litigation strategy and vulnerabilities. Yukevich asked Mitsubishi’s case manager, Jerome […]
Download Publication The Fourth District holds that an attorney who had inadvertent contact with his opponent’s expert will not be disqualified if not exposed to confidential information. Brian Riley filed a wrongful death action against Dr. Tania Homonchuk on behalf of Shandralina G. Homonchuk’s counsel contacted Dr. Landers, a specialist in pulmonary medicine, to consult […]
Download Publication The Fourth District holds that an affirmative defense concerning an attorney’s investigation prior to a construction project does not waive the attorney-client privilege as to investigations that occur after the construction project is complete. Further, the work product protection is not waived when an attorney responds to audit inquiries providing information about pending […]
Download Publication The Second District holds that an attorney who discloses work product to counsel for mutual clients waives his or her work product privilege as to those clients. The court reservedfor another day the question of whether the work product privilege belongs to the attorney or the client. Doris L. Eddy and Bernice J. […]
