Business Law Topics: Attorney-Client Privilege

Mediation Privilege Does Not Shield Attorney-Client Communications

When parties participate in mediation, all statements made in the course of the proceedings are privileged and cannot become evidence in a later case. This is the essence of Evidence Code section 1119 which sets forth the “mediation privilege.” The privilege covers oral statements and documents that are prepared for and utilized during the mediation, but does not cover normal evidence that might be discussed at the mediation.

California Supreme Court Affirms Strong Protection for Attorney-Client Privilege

The attorney-client privilege protects confidential communications between clients and attorneys. It is a vital legal doctrine that is designed to foster open and frank dialogue without fear that third parties will later be able to discover the conversation, discussion or written exchange of information between the lawyer and the client.