Fletcher

Petitioner Claire M. Fletcher seeks a writ to require respondent court to vacate its order compelling disclosure of documents which petitioner claims are protected by the attorney-client privilege. As explained below, we hold that communications between petitioner and Attorney Thomas R. Mitchell do not fall within the exception to the attorney-client privilege found in section 957 of the Evidence Code as claimed by real party in interest Salvation Army.

Facts and Procedural History

On or about March 24, 1995, the American Cancer Society and Shriners Hospital for Crippled Children filed a petition to determine invalidity of trust. The Salvation Army joined in the petition. The petition alleged that Alberta V. Irvine died on October 28, 1994, survived by her sister Claire Fletcher (hereafter petitioner) and petitioner’s children and grandchildren, Mrs. Irvine’s only known relatives. Mrs. Irvine had executed a trust and pour-over will on February 1, 1991, which trust is currently administered by petitioner. The trust made changes in the disposition of Mrs. Irvine’s property upon her death which were more favorable to petitioner and less favorable to the charities than had…