Legal News

Hensley letter ruled privileged by Cal Supremes

By Richard Binder

The California Supreme Court unanimously ruled that opinion letters sent by outside counsel to a corporate client is protected by the attorney-client privilege, irrespective of the letter?s content.

They also said that Los Angeles Superior Court Judge Emilie H. Elias erred by directing a referee to conduct an in camera review of a 22-page letter by Los Angeles attorney Kelly Hensley allowing the referee to redact the letter to conceal the portions the referee believed to be privileged, and ordering the client to disclose the remainder to the opposing party.

Justice Kathryn M. Werdegar emphasized in the decision that the attorney-client privilege ?protects the transmission of information? and so the entirety of a privileged communication ?including its recitation or summary of factual material? is shielded from disclosure.

Full story here.

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