Is attorney-client privilege waived with respect to legal opinion and advice given to the client by counsel?

California, United States of America


The following excerpt is from People v. Hayes, 21 Cal.4th 1211, 91 Cal.Rptr.2d 211, 989 P.2d 645 (Cal. 1999):

The client is the holder of the attorney-client privilege. (Evid.Code, 953.) Legal opinion and advice given the client by counsel is a confidential communication. (Roberts v. City of Palmdale (1993) 5 Cal.4th 363, 371, 20 Cal.Rptr.2d 330, 853 P.2d 496.) The right to claim the privilege is waived "with respect to a communication protected by such privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or has consented to such disclosure made by anyone. Consent to disclosure is manifested by any statement or other conduct of the holder of the privilege indicating consent to the disclosure, including failure to claim the privilege in any proceedings in which the holder has the legal standing and opportunity to claim the privilege." (Evid.Code, 912.)

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