CASES
Wells Fargo Bank v. Superior Court (2000) 22 Cal. 4th 201 [91
Cal.Rptr.2d 716]
In an action for fraud and misappropriation brought against a trustee of a trust, trust
beneficiaries moved to compel disclosure of communications between the trustee and the
attorney for the trust. The court found that confidential communications between a trustee
and the trust’s attorney are privileged and that the trustee is the holder of the
privilege. In response to the beneficiaries’ argument that the trust paid for the
advice rendered by the attorney, the court explained that “[p]ayment of fees does not
determine ownership of the attorney-client privilege.”
Smith v. Laguna Sur Villas Community Association (2000) 79
Cal.App.4th 639 [94 Cal.Rptr.2d 321]
In an action by individual homeowners’ association members to compel discovery of
association documents, the court found that the condominium association was the holder of
the attorney-client privilege and it was not required to disclose privileged information
to the individual homeowners.
In re Rindlisbacher (9th Cir. B.A.P. 1998) 225 B.R. 180 [2 Cal.
Bankr. Ct. Rep. 43]
In a Chapter 7 petition, former client/debtor sought to discharge fees owed to their
former attorney. The court found that the attorney could not use the client’s
confidential information regarding undisclosed assets to challenge the client’s
discharge of fees owed to the attorney. In reaching this conclusion, the court emphasized
two points. First, the court reasoned that a debtor’s pursuit of a discharge is not a
breach of the duty to pay; it is a right provided by the Bankruptcy Code. Second, the court rejected the notion that an attorney’s
independent verification of client information alters the confidential nature of the
information.
Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th
1128 [78 Cal.Rptr.2d 494]
While an attorney has an ethical duty to maintain the confidence and preserve the secrets
of a client pursuant to Business & Professions Code §6068(e), a motion for withdrawal
may be denied if an attorney fails to provide general information regarding the underlying
nature of the ethical dilemma that is asserted as the basis for the withdrawal.
Streit v. Covington & Crow (2000) 82 Cal.App.4th 441 [98
Cal.Rptr.2d 193]
A lawyer made a special appearance for a litigant as a professional courtesy to the
lawyers serving as the attorney of record in the case. The court found that the lawyer
undertook a limited association with the attorney of record for the purpose of
representing the litigant at a summary judgment hearing and thus entered into an
attorney-client relationship with the litigant to whom a duty of care was owed.
OPINIONS
L.A. County Bar Association Formal Op. No. 502 (Nov. 4, 1999)
An attorney’s duties when preparing pleadings or negotiating settlement for an in pro
per litigant include advising the client of the limited scope of the representation and
alerting the client to the difficulties which the client may encounter in appearing in
court on his or her own behalf or at depositions, even though such activities fall outside
the scope of the attorney’s limited engagement. Generally, the attorney’s
ethical obligations are not diminished because of the limited scope of the representation.
Also, as the attorney is not the attorney of record in the litigation, opposing counsel
may communicate directly with the in pro per litigant.
RULES & STATUES (enacted & pending)
Business & Professions Code §6175 et seq. (added by stat.
1999)
Approved by the governor last year but not widely known, this section sets forth
disclosure requirements when a lawyer, acting as a fiduciary, sells financial products to
elder or dependant adults with whom the lawyer has had an attorney-client relationship.
Failure to comply with the requirements is a cause for State Bar discipline.
 Compiled by the State Bar
Ethics Hotline staff. For more information about the Ethics Hotline and its online
newsletter, “The Ethics Hotliner,” visit www.calbar.org/2eth/3hotline/hotline_index.htm.
For information on legislative proposals, go to www.calbar.org/govinfo.htm.
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