Anten

— In a lawsuit between an attorney and a client based on an alleged breach of a duty arising from the attorney-client relationship, attorney-client communications relevant to the breach are not protected by the attorney-client privilege. (Dietz v. Meisenheimer & Herron (2009) 177 Cal.App.4th 771, 786 [ 99 Cal.Rptr.3d 464 ] (Dietz); Evid. Code, § 958.) Also, if multiple clients retain or consult with an attorney on a matter of common interest and the joint clients later sue each other, then the communications between either client and the attorney made in the course of that relationship are not privileged in the suit between the clients. (Zador Corp. v. Kwan (1995) 31 Cal.App.4th 1285, 1294 [ 37 Cal.Rptr.2d 754 ] (Zador); § 962.) But in general, one joint client cannot waive the attorney-client privilege for another joint client. (American Mut. Liab. Ins. Co. v. Superior Court (1974) 38 Cal.App.3d 579, 595 [ 113 Cal.Rptr. 561 ].)

The present appeal raises the following issue, which lies at the intersection of those rules: When joint clients do not sue each other but one of them sues their former attorney, can the nonsuing client prevent the parties to the lawsuit from…