Ethics and Professional Responsibility for Paralegals 8th edition

Chapter 4: Case Questions:

McDermott, Will & Emery LLC v Superior Court

217 Cal. Rptr. 39 47, 10 Cal. App. 5161083 (2017) (Pages 188-194)

casetext.com/case/mcdermott-will-emery-llp-v-superior-court-of-orange-cnty/?PHONE_NUMBER_GROUP=

1. What were the facts about the e-mail that is the subject of this case? What factors were cited as a basis for coverage by the attorney-client privilege? Explain.

2. What reasoning do the defendants offer in support of their beliefs that the trial court erred in its ruling? Do you agree or disagree?

3. How is a "confidential communication" statutorily defined in this case?

4. Under what circumstances can the attorney-client privilege be waived? What factors will a court look at in deciding whether the privilege was waived?

5. On what basis did the trial court decide that the privilege related to the e-mail communication was not waived? On what basis did the appellate court issue its ruling?