P0109 The attorney-client privilege is held by the client, which may be an organization or an individual, and only the client can waive it; the attorney work product privilege is held by the attorney, who is the only one who can waive it; the attorney work product privilege is not limited to writings created in anticipation of a lawsuit, but applies also to writings prepared in a nonlitigation capacity, and is not subject to an exception for communications that further a crime or fraud, although the attorney client privilege is; in camera inspection is the proper procedure to evaluate whether either privilege applies to specific documents.CitationSCIF v SUPERIOR COURT (Attorney Privileges) 91 CA4 1080 [See: EvC 953; CCP 2018; Burum v SCIF 30 C2 575; County v Superior Court 82 CA4 819, T/AT 9/00; BP Alaska v Superior Court 199 CA3 1240; Wellpoint v Superior Court 59 CA4 110, T/AT 12/97; People v Superior Court 25 C4 703]
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