Does attorney-client privilege apply to communications made in anticipation of litigation?

The argument is specious. It is the rule in California that "under the Evidence Code, the attorney-client privilege applies to confidential communications within the scope of the attorney-client relationship even if the communication does not relate to pending litigation; the privilege applies not only to communications made in anticipation of litigation, but also to legal advice when no litigation is threatened. [Citations.]" (Roberts v. City of Palmdale, supra, 5 Cal.4th at p. 371, 20 Cal.Rptr.2d 330, 853 P.2d 496, emphasis added.)