Does litigation privilege apply to communications that are allegedly fraudulent, perjurious, unethical or illegal?
California, United States of America
The following excerpt is from Roosen v. Farrell, B209873, No. BC386547 (Cal. App. 2010):
dispute." (Kashian v. Harriman (2002) 98 Cal.App.4th 892, 910; id. at p. 920 [dispute concerned whether attorney's communications were protected by litigation privilege; court held that communications did not fall outside privilege simply because they were alleged to be fraudulent, perjurious, unethical, or illegal].)
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