Suppose Smith and his stockbroker meet with Jones to discuss the suspicious sale of shares. Jones represents Smith in the sale, but not the stockbroker. During the meeting, Smith discloses confidential information. In this scenario, it is likely that the privilege will be waived and that the information provided will not be protected from disclosure. Section 6149 answers two important things: First, it makes the Evid C no 952 solicitor-client privilege applicable to a written pricing agreement. Second, it requires a lawyer to respect the confidentiality of a written fee agreement, even in a context where solicitor-client privilege does not apply. See Bus – P C No. 6068 (e). The privilege also ensures that lawyers can offer open and open legal advice to their clients. For example, a lawyer could discuss more cautiously whether a client`s conduct was the case if that interview could be disclosed to prosecutors or a potential adversary in civil trials.

Unnecessary information may constitute a waiver when a significant portion of the preferred communication is disclosed (indicates certain content). “Confidential communication between client and lawyer” according to Evid C `952 is protected from disclosure by solicitor-client privilege. Evid C 954. By predicting that a written fee agreement constitutes such a notification, Bus-P C 6149 explicitly extends the protection of solicitor-client privilege to written fee agreements. Assuming that the relationship between the lawyer and the client is well established, is any communication protected? It depends, too. Basic solicitor-client privilege protects client communication with the lawyer. It also extends to reactive communications from lawyer to client. However, communication should not be as incomprehical as an oral or written act. On the contrary, the slightest action or inaction, such as a positive nod or total silence, can represent communication. 20 If it is unfair to authorize a legal action or if the lawyer cannot defend it because the client will not waive the privilege, a third party`s claims against counsel may be prescribed, as counsel cannot mount a defence without giving up. McDermot, Will and Emery v.

Superior Court, 83 Cal.App.4th 378, 383 – 385, 99 Cal.Rptr. 622, 625-627 (2000). Like solicitor-client privilege, the duty of confidentiality serves to contribute to the trust that is the hallmark of the relationship between the lawyer and the client, the client being able to communicate completely and openly without the legally damaging, embarrassing or secret information being shared with others. Some may be surprised to learn that not all branches of government honour solicitor-client privilege. Congress, for example, has long argued that privilege is a judicial privilege that applies to Congress.