Legal Question in Civil Litigation in California

Re: Attorney volunteers to carry message

I disagree with Mr. Shers. Communications made prior to the creation of an attorney-client relationship can give rise to the privilege.

If the communication is made to the attorney in his capacity as an attorney, and the speaker reasonably expects the communication to be privileged it will be privileged.

Re: Attorney volunteers to carry message

No. The attorney-client privilege only belongs to a client in an attorney-client relationship. If it extended beyond that then an attorney would not be able to reveal anything anyone said to him. By the way, it is the client who has the privilege and the attorney merely raises it for the client, but the client can waive it by saying so or doing an action that in effect opens up the informtion [such as talking to anyone who does not come under that or another privilege].