Expertise in Attorney-Client Privilege and Confidentiality
Decades of Experience Analyzing the Attorney-Client Privilege in State and Federal Courts
There is no attorney in the United States more familiar with the attorney-client privilege – with all of its nuances, exceptions, and applications – than Mr. King.
The best indication of this is that when Judges in Mr. King's home state of California seek assistance on complicated attorney-client privilege issues in high-profile criminal cases, they repeatedly request Mr. King's services. Recently, the Presiding Criminal Judge in one California County appointed him Special Master to review thousands of allegedly privileged documents in a homicide investigation where attorneys were suspects as accomplices; in another case, a Judge in a different County, at the request of the California Attorney General, appointed Mr. King to review thousands of documents in a judicial bribery prosecution; in a third case, Mr. King was named Special Master in a $5.5Million embezzlement case in which his appointment was requested by both prosecuting Assistant District Attorney and defense counsel – the previous District Attorney.
Mr. King's familiarity with the attorney-client privilege began in 1979 when, as a law clerk to a Federal Judge, his assistance was specifically requested by two United States Magistrates to conduct lengthy in camera reviews. He was the "go to" lawyer at a large law firm for a decade on this subject. Later, he taught award-winning courses to lawyers, as well as law students, on both the attorney-client and work-product privilege.
Mr. King has argued attorney-client and work-product privilege issues (including privilege logs and electronic discovery nuances) countless times in countless jurisdictions. Judges and Magistrates routinely defer to his analysis. He has testified on this subject as a legal malpractice expert witness as well; his testimony in such matters carries great weight.
There are also, of course, issues which arise where an attorney has allegedly breached the rules against disclosing client secrets, confidences in general, and privileges. Mr. King was retained by the U.S. Internal Revenue Service to analyze and put a precise monetary valuation on a major case which centered entirely on an allegation that an attorney had violated his clients' privacy rights: the trial experts were both renowned authors in the field and each testified for days. In resolving the matter, the U.S. Tax Court Judge relied upon Mr. King's legal and factual analysis.