November 2012 Vol. 9, No. 3 Daniel E. Eaton, Editor-in-Chief


This edition of Ethics Quarterly covers cases from June 16, 2012 through September 15, 2012.  Committee members Dan Eaton and Peggy Onstott prepared this edition.  Eaton prepared the Commentary, “Clearing Waivers: Rulings Bring Clarity to Waiver of the Attorney-Client Privilege and Attorney Work Product.”

The Legal Ethics Committee’s annual program in connection with the MCLE compliance deadline will be presented on Thursday, January 24, 2013 from 5:30 – 7:30 p.m..  This year’s program is called: “Our Town, Our Ethics:  An Interactive Program in Legal Ethics in Three Parts” and is two hours, instead of the three-hour program we have presented in the past.  To register click here.

Ethics Quarterly is prepared by the SDCBA's Legal Ethics Committee, and is distributed by email exclusively to SDCBA members. You may also review the current issue of the publication online at  If you no longer wish to receive Ethics Quarterly via email, please visit your individualized MySDCBA page on the SDCBA website, and change your preference in the section titled "My e-Communications Preferences."  You may also email to opt out of receiving Ethics Quarterly.

As a reminder, the San Diego County Bar Association maintains a hotline staffed by members of the Legal Ethics Committee offering general guidance on legal ethics questions.  The hotline may be reached at 619-321-4145.

Comments about Ethics Quarterly should be directed to the Chair of the Legal Ethics Committee, Jack Leer at


For a printable version of Ethics Quarterly in its entirety, click here.

Important Update:  No case abstracted in the previous edition of Ethics Quarterly has been accepted for review or otherwise rendered uncitable.        

Disclaimer:  Counsel should read the full text of the cases discussed before relying on the necessarily limited discussion of them here.  Counsel also should be mindful that some of the Court of Appeal cases addressed may be subject to depublication or review by the California Supreme Court.  All cases should therefore be checked to confirm they are citable.