Can an attorney refuse to disclose a confidential communication to a client if the client is still alive?

California, United States of America


The following excerpt is from People v. Smock, A146729 (Cal. App. 2018):

An attorney may refuse to disclose a confidential communication with a client if the client is still alive and does not authorize its disclosure. (Evid. Code, 954, subd. (c).) " 'The attorney-client privilege is one of the oldest recognized privileges for confidential communications' [citation] and is 'one which our judicial system has carefully safeguarded with only a few specific exceptions.' " (People v. Gurule (2002) 28 Cal.4th 557, 594.)

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