California Municipal Law Blog
Mistaken Release

In Public Records Case, State Supreme Court Holds Inadvertent Disclosure of Privileged Records Request Doesn’t Waive Privilege

by on March 28, 2016

posted in Public Records Act, Recent Court Decisions,

As this Blog previously noted, the State Supreme Court had before it two cases in which inadvertent disclosures of attorney-client privileged records were made in response to requests under the California Public Records Act (“CPRA”).  In both cases, the question was whether the mistaken releases waived the privileges.   (Our previous updates about these cases are linked here and here.) On March 17, the Court resolved a split in the appellate courts by ruling that mistaken disclosures do not waive the attorney-client privilege (or the related attorney “work-product” protection).  In ... Continue Reading

tags: Attorney-Client Privilege, Mistaken Release, Public Records, Work Product Protection,