Legal News

Cal Supremes to hear opinion letter confidentiality case

By Richard Binder

On Wednesday the California Supreme Court will hear oral arguments in a years-long attorney-client privilege case arising from a 22-page opinion letter containing both legal advice and factual information.

At issue will be whether or not factual information in opinion letters is as privileged as legal advice, and whether trial court judges may conduct in camera reviews of opinion letters and then share redacted versions of them with the opposing party.

While working with Costco Wholesale Corp. on a wage-and-hour issue nine years ago, Los Angeles attorney Kelly Hensley put together the abovementioned letter, which was discovered and demanded for production by the plaintiffs in the case.  A superior court judge conducted an in camera review of the letter and ruled that the factual observations therein were not privileged and could be released as long as the true legal advice was redacted.  And last year the 2nd District Court of Appeal in Los Angeles ruled that the company hadn't shown that it would be "irreparably harmed" if the opinion letter was released as redacted.

It's this ruling that has some legal organizations worried.  Click here for the full story.

Full post as published by Legal Pad | LA on September 01, 2009 (boomark / email).