Off Topic: Nonsuing, Joint Client Cannot Invoke Attorney-Client Privilege To Shield Communications In Suing, Joint Client Suit Against Former Attorney Representing Joint Clients

 

Unfairness of Using Privilege as a Shield Justified Writ Issuance.

     In Anten v. Superior Court (Weintraub Tobin Chediak Coleman Grodin), Case No. B258437 (2d Dist., Div. 1 Jan. 30, 2015) (published), the appellate court issued writ relief in determining that a nonsuing, joint client cannot shelter relevant communications as privileged in a suit alleging breach of duty by a suing, joint client against the attorneys formerly representing the joint clients.

     Fundamental fairness was a big reason for so holding. “For example, if one of two joint clients breached an attorney fee agreement but the other joint client did not, and the attorney sued the breaching client, then it would be unjust to allow the nonbreaching client to thwart the attorney’s suit by invoking the privilege to prevent introduction of the fee agreement itself. Moreover, the risk of collusion between the joint clients would be substantial.” (Slip Op., p. 7.)

     Presiding Justice Rothschild authored the opinion on behalf of a 3-0 panel.