• The California Supreme Court Upholds the Attorney-Client Privilege for Outside Counsel’s Communications to a Corporate Client
  • December 23, 2009
  • Law Firm: Seyfarth Shaw LLP - Chicago Office
  • On November 30, 2009, in a highly anticipated ruling, the California Supreme Court strongly preserved the sanctity of the attorney-client privilege in Randall et al. v. Costco. The Court held that: 1) the attorney-client privilege protects the entire communication between outside counsel and corporate counsel, regardless of the communication’s content; 2) a trial court may not order disclosure of an attorney-client communication in order to rule on the claim of privilege; and, 3) a party seeking writ relief for a discovery order that seeks to invade the attorney-client relationship does not need to show that its case will be harmed by disclosure of the communication, as irreparable harm is caused by the disclosure itself.