The attorney-client privilege protects from disclosure to third parties confidential attorney-client communications that relate to legal advice. The attorney-client privilege promotes full and frank communications between attorneys and their clients. The attorney-client privilege's protections are absolute. An adversary cannot overcome these protections by showing substantial need. However, the privilege may be waived under certain circumstances.

The work product doctrine protects from disclosure to third parties documents and tangible things that a party or its representative prepares in anticipation of litigation. The work product doctrine is broader than the attorney-client privilege because its protections are not limited solely to communications or confidential matters. However, the work product doctrine is also narrower than the attorney-client privilege because its protections extend only to documents and other tangible things that are prepared in anticipation of litigation. In addition, work product protection is not absolute. An adversary may obtain certain kinds of work product by showing substantial need. Work product protection may also be waived.

This Toolkit contains resources to help counsel navigate the attorney-client privilege and the work product doctrine in California.