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Ethics/Professional Responsibility

Sep. 18, 2025

Attorney's email ordering evidence destroyed is not protected by privilege

A judge ruled an attorney's email directing clients to destroy evidence in a Beverly Hills mansion case isn't protected by privilege due to fraud, allowing the plaintiffs to use it at trial.

Attorney's email ordering evidence destroyed is not protected by privilege
Michael Kibler

In a lawsuit alleging that several music entertainment companies illegally used a Beverly Hills mansion to host noisy business events, a discovery referee found that the main defendants' attorney instructed them to destroy evidence before an ex parte inspection order could be issued.

Los Angeles County Judge James Whitaker adopted the referee's recommendation this week, and the litigation, with new defendants' counsel, is set for trial next year.

The referee...

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