Legal Question in Personal Injury in California

Re: privilege log

In California, there is a strong public policy for protecting the attorney-client privilege. There is a lot of law in our State Evidence and Civil Procedure Codes as well as court cases. It may take some research to determine what exceptions there are depending upon what is being sought. You don't state the type of case or the type of documents that you are interested in.

In my plaintiff personal injury practice I don't deal with this issue very often but it is generally not a problem. If the defense asserts the privilege, I can always get further information from submitting interrogatories or requests for admissions or I can take someone's deposition and get information from them in that way. Finally, if the defense wants to use any document in an arbitration or a trial, they will eventually have to give me a copy. If you are represented by an attorney, you should discuss these issues in more detail with your own attorney. If you are not represented, please call my office number area code (714) 963-5123 so I can give you a more specific and personal evalulation by telephone. If you call and I am not in, please leave a day and evening number so I can get back to you.

Thank you for directing your question to my office.

Sincerely,

Sam M. Eagle

10101 Slater Avenue, #218

Fountain Valley, Ca 92708

Fax No. (714) 964-9993

Telephone (714) 963-5123

e-mail address: [email protected]

Re: privilege log

Without more facts, this is too broad of a question, because the inherent nature of getting around a privilge is a factual one in general. For example, the basic issue is whether the privilege was waived because it was sent to a third party breaching the privilege. This is usually determined by way of a motion to compel and corresponding in camera review by the court. There are other creative ways, but again, the facts are critical to the evaluation.