Los Angeles, CA asked in Personal Injury for California

Q: Attorney-client or work product privileges - true statement?

Attorney-client or work product privileges are NOT applicable in respect to witness, non-party to lawsuit.

The answer is? [this statement is accurate]

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3 Lawyer Answers

A: The attorney representing the witness has attorney client privilege with the witness. It is a much more complicated analysis if the attorney represents one of the parties as well as the Witness.

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Answered

A: Yes, the statement is accurate. Attorney-client and work product privileges are designed to protect the confidential communications between you and your attorney, as well as materials prepared in anticipation of litigation. These protections ensure that you can speak freely with your legal counsel without fear that your discussions will be disclosed to others.

However, these privileges do not extend to witnesses or individuals who are not parties to the lawsuit. This means that if a witness provides testimony or if a non-party is involved in some capacity, the privileged information between you and your attorney may not be protected in those contexts. It's important to understand the limits of these privileges to effectively navigate your legal situation.

If you have concerns about what information is protected, it's a good idea to discuss them directly with your attorney. They can provide guidance specific to your case and help ensure that your rights are fully protected throughout the legal process.

A: The statement is generally accurate. Attorney-client privilege and work product protections are designed to protect confidential communications and legal strategies between an attorney and their client, as well as materials prepared in anticipation of litigation. These privileges typically do not extend to witnesses or non-parties to the lawsuit, as they are not involved in the confidential attorney-client relationship or the internal legal strategy.

If you’re dealing with a specific case where privilege issues arise, consulting a law firm experienced in litigation, like HHJ Trial Attorneys, can provide you with a more precise understanding of how these privileges might apply or be limited, especially concerning interactions with non-parties or witnesses. They can also clarify any exceptions or nuanced applications of privilege in your situation.

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