Probate,
Ethics/Professional Responsibility,
Contracts
Aug. 10, 2018
Who retains the privilege when the estate gets a new trustee?
A recent case again returned to the complications that arise when a trusteeship changes hands, taking the important attorney-client privilege with it. Earn MCLE credit reviewing the law on this issue.
Mark J. Phillips
Shareholder
Lewitt Hackman
Email: mphillips@lewitthackman.com
Mark is a certified specialist in estate planning, trust & probate law by the State Bar of California.
Communications between an attorney and his or her client are privileged, and that privilege is statutorily set forth in the California Evidence Code. Section 952 defines the attorney-client communication. Section 953 makes clear that the client is the holder of the privilege. Section 954 permits the holder of the privilege to refuse to disclose, and prevent others from disclosing, any confidential communications between a client and his or her attorney. When a client ...
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