Wortham & Van Liew v. Superior Court

May the attorney for a partnership withhold from a partner important information received from another partner concerning partnership transactions claiming the information is confidential under the attorney-client privilege? We hold the joint-client rule of Evidence Code section 962 removes these communications from the protection of the attorney-client privilege. The attorney must divulge all partnership information to all partners.

Petitioners seek a writ of prohibition to prevent enforcement of a trial court discovery order compelling attorney Lawrence T. Dougherty to answer questions about allegedly privileged matters. The trial court applied section 956 (fraud exception to the lawyer/client privilege) and section 962 (joint-client exception) and concluded the communications were not privileged. We conclude the trial court did not abuse its discretion in finding the joint-client exception applied; therefore we deny the writ.

Real party Clubb brought the underlying lawsuit seeking dissolution and accounting of partnership, declaration of constructive trust, injunctive relief and damages against petitioners. He sues petitioners Wortham & Van Liew, a Texas general…