Q: I had a dispute w/an attorney re: fees. During the trial, he mentioned confidential info from my case. Is this ethical?
A: If you have sued your attorney over attorney fees, your attorney client privilege is waived. California Evidence Code § 958 states that, “There is no privilege … as to a communication to an issue of breach, by the lawyer or by the client, of a duty arising out of the lawyer-client relationship.” So, if you claim that your attorney breached a duty to you, they cannot be prevented from disclosing otherwise confidential protected under the attorney-client privilege needed to defend against your claim. Evidence Code § 958 is not limited to cases dealing with legal malpractice or fees, but it can be limited in certain types of legal proceedings.
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