The following excerpt is from Wharton v. Calderon, 127 F.3d 1201 (9th Cir. 1997):
As we observed in United States v. Rogers, 751 F.2d 1074 (9th Cir.1985), "[t]he attorney-client privilege is an evidentiary rule designed to prevent the forced disclosure in a judicial proceeding of certain confidential communications between a client and a lawyer." Id. at 1077. We held that the rule does not apply where there is no "forced disclosure of a confidential communication in a judicial proceeding." Id.; see also United States v. White, 970 F.2d 328, 336 (7th Cir.1992) (government's interview of defendant's former attorney did not violate attorney-client privilege because "attorney-client privilege is a testimonial privilege. Consequently, so long as no evidence stemming from the breach of the privilege is introduced at trial, no prejudice results." (citing Rogers, 751 F.2d at 1079)).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.