ABANDONMENT
Definition: The legal term for one parent willfully deserting a child, or one spouse deserting the other, and ceasing to provide care, support, or communication for a specified period. In California family law, it is a significant factor in proceedings to terminate parental rights, which allows a child to be adopted without the parent’s consent.
Explanation: In family law, abandonment is when a parent completely leaves their child for a long time, has no contact, and provides no support, as if they have disappeared from the child’s life. This is not just about missing a few visits; it’s a total desertion. If a parent abandons their child, a court can terminate their parental rights so the child can be adopted by a stepparent or other family.
Example: A proceeding to terminate parental rights may be brought if a parent has “abandoned the child,” which means the child “has been left by one parent in the care and custody of the other parent for a period of one year without any provision for the child’s support and without communication from the parent.” California Family Code § 7822(a)(3). A parent is also presumed to have an intent to abandon if they “left the child with another person without provision for the child’s support and without communication from the parent for a period of six months.” California Family Code § 8606(a). A finding of abandonment is one of the grounds for permitting a stepparent adoption without the consent of the non-custodial parent. California Family Code § 9000(b).
Video: For a discussion on the termination of parental rights, which includes abandonment, watch this video: Terminating Parental Rights in California
ABATEMENT
Definition: The suspension or complete termination of a legal action. In family law, a dissolution (divorce) action abates upon the death of either party before a judgment of dissolution is entered. It can also refer to a court pausing a proceeding, such as a paternity action until after the child is born, or a divorce action when an identical case is already pending in another county.
Explanation: Abatement is a legal “pause” or “stop” button on a family law case. The most common example is when a spouse dies in the middle of a divorce. The divorce case itself stops, because there is no longer a marriage to dissolve. It can also mean a court stops one case because another, identical case (like two divorce filings in different cities) was filed first.
Example: “It is well established that the death of one of the parties to a dissolution proceeding abates the cause of action, as the status of the parties is no longer before the court.” In re Marriage of Shayman (1973) 35 Cal.App.3d 648, 651. In a paternity case, “The court may, and upon request of a party shall, abate the action until after the birth of the child.” California Family Code § 7634(a). If a party objects that another action is pending, “the court may abate the subsequent action and require the parties to proceed in the prior action.” In re Marriage of Gray (1988) 204 Cal.App.3d 1239, 1248.
Video: For a general legal definition of what abatement means, watch this video: What is Abatement?
ACCRUAL
Definition: The date on which a legal right or financial obligation becomes due and legally enforceable. In family law, this almost always refers to child support or spousal support payments. An installment of support “accrues” on the date it is due (e.g., the 1st of the month), and if unpaid, interest begins to accrue on that past-due amount.
Explanation: This is the official date a payment is due. If your court order says you must pay $500 in child support on the first of every month, that $500 “accrues” on the 1st. If you don’t pay it, interest starts to “accrual” (build up) on that unpaid $500, and that late payment is now called an “accrued” installment, or an arrearage.
Example: Interest “accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unpaid,” which includes child, family, or spousal support orders. California Code of Civil Procedure § 685.010(a). The law defines “‘Accrued interest’ as interest that accumulates on unpaid installments of child support… at the rate specified…” California Family Code § 155. Furthermore, interest “accrues as to each installment on the date it becomes due and is unpaid.” California Family Code § 5101.
Video: For a clear explanation of what happens when support payments accrue and are unpaid, watch this video: California Child Support Arrears Explained
ACKNOWLEDGE
Definition: To formally affirm a fact or to execute a legal document in a way that verifies one’s identity and intent. In family law, this most commonly means signing a document (such as a premarital agreement, transmutation of property, or Voluntary Declaration of Paternity) in the presence of a notary public, who then verifies the signer’s identity and signature.
Explanation: To “acknowledge” a legal paper means you sign it in front of a notary public. The notary watches you sign and stamps the paper, which proves you are who you say you are and that you signed the document willingly. This step is required in California to make many family law agreements, like prenups and paternity forms, official and legally binding.
Example: A premarital agreement “shall be in writing and signed by both parties. It is enforceable without consideration… [and] the agreement shall be acknowledged.” California Family Code § 1611. A Voluntary Declaration of Paternity “shall be in writing, signed by the mother and the man seeking to establish paternity, and acknowledged by both parents.” California Family Code § 7571(a). This “acknowledgment” must be done by “a notary public or other person authorized to perform notarial acts.” California Family Code § 7571(c).
Video: For an explanation of one of the most common documents requiring acknowledgment, watch this video: What is a Voluntary Declaration of Paternity (VDOP)?
ACTION
Definition: A formal lawsuit or legal proceeding initiated in a court of justice to enforce a right or redress a wrong. In family law, an “action” is the entire case, such as a “dissolution action” (divorce), a “paternity action,” or an “action for domestic violence restraining orders.”
Explanation: An “action” is simply the official legal word for a lawsuit or a case. When you file papers with the court to start your divorce, get child custody, or get a restraining order, you are starting a legal “action.”
Example: “In any action for child support, … the court may order either or both parents to pay… support for the child…” California Family Code § 4000. A “proceeding for dissolution of marriage or for legal separation… is commenced by filing a petition… in the superior court…” California Family Code § 2330(a). “A child, the child’s natural mother, or a man presumed to be the child’s father… may bring an action… to declare the existence of the father and child relationship…” California Family Code § 7630(a).
Video: For an overview of the most common family law action, watch this video: How to File for Divorce in California
AD LITEM (GUARDIAN)
Definition: A person appointed by the court to represent the interests of another person, typically a minor or an incapacitated adult, in a specific lawsuit or legal proceeding. “Ad litem” is Latin for “for the suit.” In family law, a guardian ad litem (G.A.L.) is appointed to protect the minor’s legal interests, which may be different from the interests of either parent.
Explanation: A guardian ad litem is like a temporary, court-appointed helper for a child in the middle of a court case. Their job is not to act as a parent, but to be the child’s voice in the lawsuit, telling the judge what they believe is best for the child’s legal interests (like protecting their property or ensuring a paternity test is accurate). This is different from “minor’s counsel,” who is an attorney appointed to represent the child’s wishes in a custody dispute.
Example: “When a minor… is a party, that person shall appear either by a guardian… or by a guardian ad litem appointed by the court in which the action or proceeding is pending…” California Code of Civil Procedure § 372(a). In a paternity case, “The court shall appoint a guardian ad litem for a minor… if the minor is a parent… or if the court finds that the minor’s interests require it.” California Family Code § 7635(a). A trial court has the authority “to appoint a guardian ad litem for a minor child in a contested custody proceeding… under Code of Civil Procedure section 372.” In re Marriage of Lloyd (1997) 55 Cal.App.4th 216, 218.
Video: For a general explanation of the G.A.L.’s role (which is similar in most states), watch this video: What is a Guardian ad Litem and What Does a GAL Do?
ADOPTION
Definition: A legal process by which a person or persons (the “adoptive parents”) assume the permanent, legal rights and responsibilities of parenthood for a minor or adult (the “adoptee”) from that person’s biological or legal parents. An adoption, once finalized by a court order, severs the legal relationship with the biological parents and creates a new, legally identical parent-child relationship with the adoptive parents.
Explanation: Adoption is the legal process that makes you a child’s parent, even though you were not their birth parent. When the court finalizes an adoption, a new birth certificate is created, and the law sees the adoptive parents and the child as a family in exactly the same way as a biological family. This process also legally and permanently ends the parental rights and responsibilities of the birth parents.
Example: “Adoption is the legal process which permanently gives parental rights to adoptive parents.” California Courts Self-Help Guide. “After adoption, the adoptee and the adoptive parent or parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.” California Family Code § 9306(a) (pertaining to adult adoption). A child who is age 12 or older must consent to their own adoption in open court. California Family Code § 8602.
AFFIDAVIT
Definition: A written statement of facts, made voluntarily and confirmed by the oath or affirmation of the party making it (the “affiant”). To be valid, an affidavit must be sworn to in the presence of a person authorized to administer oaths, such as a notary public. In modern California family law, affidavits are rarely used and have been almost entirely replaced by “declarations” signed under penalty of perjury, which do not require a notary.
Explanation: An affidavit is a written statement that you swear is true in front of a notary public. The notary watches you sign it and then stamps it, making it an official statement you can use in court. This is not very common in California family court anymore. Instead, people use a “declaration,” which is almost the same thing but much easier—you just sign it with the words “I declare under penalty of perjury” and don’t need a notary.
Example: “An affidavit is a written declaration under oath, made without notice to the adverse party.” California Code of Civil Procedure § 2003. The reason affidavits are rare is that state law allows a “declaration” to be used instead: “Whenever… any matter is required… to be… proved by… affidavit… such matter may with like force and effect be… proved by… declaration… of such person which recites that it is… made ‘under penalty of perjury’…” California Code of Civil Procedure § 2015.5. Family law proceedings, such as a Request for Order (FL-300) or an Income and Expense Declaration (FL-150), are based on these declarations, not affidavits. California Family Code § 210.
Video: For a simple explanation of what an affidavit is, watch this video: What is an Affidavit?
AFFIRMATIVE DEFENSE
Definition: A response raised by the defendant (or “respondent” in family law) that introduces new facts or arguments which, if proven true, defeat or mitigate the legal consequences of the plaintiff’s (or petitioner’s) claim, even if the petitioner’s original allegations are also proven true. The party raising the defense bears the **burden of proof** on that specific issue.
Explanation: An affirmative defense is a specific reason why the other person shouldn’t win the case, even if everything they said in their initial papers is true. Instead of just saying “I didn’t do it,” you say, “Yes, I did that, **but** here are the new facts that show I was legally justified, or that the law says you lose.” Examples include claiming a contract is invalid due to fraud or saying a debt is too old to collect (statute of limitations).
Example: In a marital dissolution action, a party may use an affirmative defense to protect property or limit liability. The most common affirmative defenses in family law include: In a child custody deprivation case, it is an **affirmative defense** if the defendant (parent) took the child and reasonably believed it was necessary to protect the child from immediate bodily injury or death. THE PEOPLE v. NAN HUI JO (2017) 17 Cal.App.5th 492, 501 (citing Penal Code § 278.7, which creates an affirmative defense). To enforce a judgment for spousal support arrearages, the responding party may raise the **affirmative defense** of the statute of limitations if the enforcement action was filed too late. California Code of Civil Procedure § 597 (allowing special defenses like statute of limitations to be tried first). In response to a claim that separate property was used to benefit the community, the party who contributed the separate property can raise an **affirmative defense** for reimbursement under Family Code sections 2640 or 2641. California Family Code § 2640. The litigation privilege (Family Code § 47(b)) is considered a powerful **affirmative defense** to stop certain tort lawsuits stemming from statements made during a family law proceeding. Silberg v. Anderson (1990) 50 Cal.3d 205, 212.
Video: For an explanation of affirmative defenses in general legal contexts, watch this video: What is an Affirmative Defense?
ALIMONY (SPOUSAL SUPPORT)
Definition: In California, the legal term is **Spousal Support**, which refers to a court-ordered payment from one spouse (the supporting party) to the other (the supported party) for maintenance and financial assistance during or after a dissolution or legal separation. The purpose is to ensure the supported party can meet their needs based on the **marital standard of living** while working toward becoming self-supporting.
Explanation: Alimony, or Spousal Support, is money paid from one ex-spouse to the other after a divorce. It’s meant to help the spouse who earns less money keep up a reasonable lifestyle while they get the training or job needed to live on their own. Judges decide the amount and how long it lasts by looking at a long list of factors, including how long the couple was married, their ages, and their health.
Example: In ordering spousal support, the court must consider all mandatory circumstances under the law, including: The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party. California Family Code § 4320(b). For marriages of short duration (less than 10 years), the goal is generally that the supported party shall be self-supporting within a reasonable period, which usually means half the length of the marriage. California Family Code § 4320(l). The court must consider documented evidence of any history of domestic violence between the parties when making a spousal support order. California Family Code § 4320(i). The court retains indefinite jurisdiction over spousal support for marriages of long duration (10 years or more), meaning support may continue for as long as necessary unless the court terminates it based on a change in circumstances. In re Marriage of Christie (1994) 28 Cal.App.4th 849, 857.
Video: For a clear explanation of Spousal Support laws and factors in California, watch this video: Understanding California Spousal Support
ANNULMENT
Definition: Also known as **Nullity of Marriage**, this is a judicial declaration that a marriage or domestic partnership was legally invalid from the start due to a defect existing at the time of the union (e.g., fraud, force, bigamy). Unlike a divorce, which terminates a valid marriage, an annulment treats the marriage as though it never legally existed and restores the parties to the status of unmarried persons.
Explanation: An annulment is a court ruling that says your marriage was never actually legal because of a major problem when you got married, like one person was already married to someone else, or one person was tricked into saying “I do.” It makes the marriage disappear legally, unlike a divorce which just ends a real marriage. Because the marriage never existed, it affects things like property division and the ability to get spousal support.
Example: A marriage is voidable and may be adjudged a **nullity** if any of the following conditions existed: The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud freely cohabited with the other after gaining full knowledge of the facts. California Family Code § 2210(d). A marriage may be **annulled** for fraud only in an extreme case where the particular fraud goes to the very essence of the marriage relation (e.g., refusal to consummate the marriage). IN RE: the MARRIAGE OF Jorge L. RAMIREZ and Lilia Llamas (2008). A marriage is void from the beginning (and thus subject to nullity) if it is incestuous or if a prior undissolved marriage exists (bigamy). California Family Code § 2200 and § 2201. If a party who is seeking to terminate the marriage believed in good faith that the marriage was valid, that party may be deemed a **putative spouse**, which allows the court to divide property and award spousal support as if the marriage were legal. California Family Code § 2251(a).
Video: For a comparison of annulment and divorce in California and the grounds for nullity, watch this video: DIVORCE VS. ANNULMENT IN CALIFORNIA
APPEAL
Definition: A formal request by a litigant (the “appellant”) to a higher court (the Court of Appeal or Supreme Court) to review a decision, judgment, or final order made by a lower court (the superior court). The basis of an appeal is typically a claim that the trial court committed an error of law, an abuse of discretion, or based its decision on insufficient evidence.
Explanation: An **appeal** is how you ask a higher court to check if the judge in your divorce or custody case made a mistake. You can’t just appeal because you don’t like the decision; you must prove the judge broke a rule, ignored the law, or made a decision that no reasonable judge would make. The appeals court only looks at the paperwork and records from the first trial; they do not allow new evidence or a new trial.
Example: A notice of **appeal** must be filed within 60 days after the superior court clerk mails the party a document called a “Notice of Entry” of the judgment or order. California Rules of Court, Rule 8.104(a). Issues frequently challenged on **appeal** in family law include the proper determination of a parent’s annual gross income for child support purposes. Hein v. Hein (2020) 58 Cal.App.5th 611, 622. An appellate court uses the **abuse of discretion** standard when reviewing decisions involving the amount and duration of spousal support. In re Marriage of Christie (1994) 28 Cal.App.4th 849, 857. Final temporary orders concerning child custody and visitation are generally not immediately **appealable**, but must wait until after the final judgment is entered. In re Marriage of Gruen (2011) 191 Cal.App.4th 935, 948.
Video: For a general overview of how the appeal process works in court, watch this video: Everything You Need To Know About Appeals
APPEARANCE
Definition: The act by which a defendant (or “respondent” in family law) formally submits to the jurisdiction of the court in which the action is pending. A **general appearance** (which occurs when a party files a **Response**, files most motions, or asks the court for any substantive relief) grants the court **personal jurisdiction** over that party, allowing the court to issue binding orders regarding support, property, and debt.
Explanation: An appearance is when you officially tell the court, “I’m here, and I’m participating in this case.” The most common way to make a **general appearance** is by filing your Response to the Petition. Once you make a general appearance, the court has the power (jurisdiction) to make final orders that affect you, your money, and your property, so it’s a very important step to take within 30 days of being served the initial papers.
Example: A respondent is deemed to have made a **general appearance** in a family law proceeding when he or she files: (1) A response or answer; (2) A request for order to strike; (3) A request for order to transfer the proceeding; or (4) A written notice of his or her appearance. California Rules of Court, Rule 5.62(b). A party who files a motion in a divorce action asking for a continuance, taking the opposing party’s deposition, or noticing a third-party deposition constitutes a **general appearance**, which retroactively makes valid any prior defective service of the summons. In re Marriage of Smith (1982) 135 Cal.App.3d 543, 545. A party making an **appearance** by filing papers asking for relief solely on the basis of a lack of jurisdiction must explicitly label it a **special appearance** to avoid waiving their right to challenge the court’s power over them. Harding v. Harding (2002) 99 Cal.App.4th 626, 629.
Video: For a quick explanation of how a general appearance impacts a case, particularly concerning jurisdiction, watch this video: In any Child Support Hearing, GENERAL APPEARANCE is considered CONSENT!
APPEAL
Definition: A formal request by a litigant (the “appellant”) to a higher court (the Court of Appeal or Supreme Court) to review a decision, judgment, or final order made by a lower court (the superior court). The basis of an appeal is typically a claim that the trial court committed an error of law, an **abuse of discretion**, or based its decision on insufficient evidence.
Explanation: An **appeal** is how you ask a higher court to check if the judge in your divorce or custody case made a mistake. You can’t just appeal because you don’t like the decision; you must prove the judge broke a rule, ignored the law, or made a decision that no reasonable judge would make. The appeals court only looks at the paperwork and records from the first trial; they do not allow new evidence or a new trial.
Example: A notice of **appeal** must be filed within 60 days after the superior court clerk mails the party a document called a “Notice of Entry” of the judgment or order. California Rules of Court, Rule 8.104(a). Issues frequently challenged on **appeal** in family law include the proper determination of a parent’s annual gross income for child support purposes. Hein v. Hein (2020) 58 Cal.App.5th 611, 622. An appellate court uses the **abuse of discretion** standard when reviewing decisions involving the amount and duration of spousal support.
ARREARAGES
Definition: The total amount of unpaid support (child, spousal, or family support) that is past due under a legally enforceable court order. Each missed installment payment automatically becomes a money judgment on the date it was due and immediately begins to accrue statutory interest, often at a rate of 10% per year.
Explanation: **Arrearages** are simply **back payments** you owe for child support or spousal support that you missed. In California, once a support payment date passes, that money immediately turns into a legal debt that cannot be cancelled by a judge and starts piling up interest until you pay it off. This debt does not go away, even if the child becomes an adult.
Example: Interest commences to accrue as to each installment of a money judgment (including support) on the date the installment becomes due. California Code of Civil Procedure § 685.020(b). A parent who fails to provide financial information may be prohibited from relying on their Fifth Amendment right against self-incrimination to avoid collection efforts for their support **arrearages**. In re Marriage of Sachs (2002) 95 Cal.App.4th 1144, 1152. The local child support agency is authorized to send a statement of support **arrearages** to the obligor and may collect the delinquency by levy if the obligor is delinquent for at least 30 days. California Family Code § 17522(a). The court generally lacks the equitable power to forgive accrued child support **arrearages** in violation of state law because the right to collect past-due support belongs to the child. County of Santa Clara v. Wilson (2003) 111 Cal.App.4th 1323, 1327.
Video: For an explanation of how child support arrearages work in California and what happens when they are disputed, watch this video: Statute of Limitations on Collecting Child Support Arrears
ASSET
Definition: Anything of value owned by either party, including real property, tangible personal property, and intangible rights. In California family law, every **asset** is classified as either **community property** (acquired during the marriage) or **separate property** (owned before the marriage or acquired by gift/inheritance), a determination critical for the equal division mandated in dissolution actions.
Explanation: An **asset** is simply anything you or your spouse owns that has value, like houses, cars, bank accounts, retirement funds, or jewelry. In a divorce, the court has to decide if each asset is **community property** (owned 50/50 and must be split equally) or **separate property** (owned entirely by one person and kept by that person).
Example: For the purpose of division of the community estate, the court shall value the **assets** and liabilities as near as practicable to the time of trial. California Family Code § 2552(a). The court has continuing jurisdiction after judgment to award community estate **assets** or community estate liabilities that have not been previously adjudicated by a judgment. California Family Code § 2556. The court may order the liquidation of community or quasi-community **assets** at any time during the proceeding, upon application of a party and for good cause, to avoid unreasonable market or investment risks. California Family Code § 2108. The goodwill of a business established during the marriage is considered a quantifiable and divisible marital **asset** upon divorce. Marriage of Greaux & Mermin (2014) 223 Cal.App.4th 1242, 1251.
Video: For a quick explanation on how assets are divided in a California dissolution, watch this video: Divorce in California? Here’s What You Need to Know About Dividing Assets
ATTORNEY OF RECORD
Definition: The specific attorney or law firm that has formally filed a notice of **appearance** or signed the initial pleadings on behalf of a party, thereby being officially recognized by the court as the designated legal representative. Once an attorney becomes the **attorney of record**, all subsequent notices, motions, and court communications must be served upon them, and the attorney is responsible for continuing representation until formally relieved by the court.
Explanation: The **attorney of record** is the lawyer whose name is on file with the court as the person in charge of your case. All court documents, orders, and legal papers must be sent to this attorney, not directly to the client. This status is important because it makes the lawyer legally responsible to the court and to the opposing side for the handling of the case, including attending all hearings until the court allows them to step down.
Example: Every pleading, petition, or written notice of motion shall be signed by at least one **attorney of record** in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. California Code of Civil Procedure § 128.7(a). The **attorney of record** is responsible for providing the court with a mailing address, telephone number, and email address of record, and must promptly file a written notice of change if any of that contact information changes while the case is pending. California Rules of Court, Rule 8.32(a) and (b). After an attorney is relieved from a case, they are no longer the **attorney of record**; however, service of a document on a former attorney of record may be sufficient if the party’s residence is not known and the former attorney is the last known address. California Code of Civil Procedure § 1011(a). In a complex family law case, an attorney who contracts with a client to draft documents but does not file an **appearance** is generally not required to be disclosed as the **attorney of record**. California Rules of Court, Rule 3.36.
Video: For a discussion on the role of an attorney in family law, watch this video: Family Law for Attorneys – 2023
AUTOMATIC TEMPORARY RESTRAINING ORDERS (ATROs)
Definition: A set of four mandatory restraining orders established by Family Code § 2040 that automatically become effective against the Petitioner upon filing the Petition for Dissolution, Legal Separation, or Nullity, and against the Respondent upon service of the Summons. The **ATROs** are designed to preserve the status quo by prohibiting both parties from taking major actions concerning children, assets, or insurance without the written consent of the other party or a court order.
Explanation: **ATROs** are automatic court rules that freeze your family’s finances and keep the children in the state as soon as a divorce case begins. The purpose is to stop either spouse from doing anything sneaky or impulsive, like emptying bank accounts, selling the house, taking the kids out of California, or canceling health insurance. If you violate an **ATRO**, you can face severe penalties, like fines or losing property.
Example: The **ATROs** restrain both parties from removing the minor child or children of the parties from the state, or from applying for a new or replacement passport for the child. California Family Code § 2040(a)(1). The **ATROs** restrain both parties from transferring, concealing, or disposing of any property, whether community or separate, except in the usual course of business or for the necessities of life. California Family Code § 2040(a)(2)(A). Notwithstanding the property restraint, a party may use community property to pay reasonable attorney’s fees and costs to retain legal counsel, but must **account** to the community for that use of property. California Family Code § 2040(a)(2)(B). The **ATROs** restrain both parties from cashing, canceling, transferring, or changing the beneficiaries of insurance or other coverage, including life, health, and disability, held for the benefit of the parties and their children. California Family Code § 2040(a)(3).
Video: For a detailed explanation of the Automatic Temporary Restraining Orders, watch this video: [Automatic Restraining Orders During Divorce | Orange County Divorce Attorney](https://www.youtube.com/watch?v=a2pPSzfpP_w)
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ATTORNEY-CLIENT PRIVILEGE
Definition: An absolute, statutory privilege under California Evidence Code § 954 that grants the client the right to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and their lawyer made during the course of the professional relationship. This privilege is held by the client and exists to promote full and honest disclosure of facts to legal counsel.
Explanation: The **attorney-client privilege** is a rule that keeps everything you tell your lawyer private and secret. It means that the lawyer cannot be forced to tell anyone, even a judge in a divorce case, what you told them in private while seeking legal advice. This rule is absolute, but there are exceptions, such as when a client tells the lawyer they plan to commit a new crime or fraud.
Example: The client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by the holder of the privilege. California Evidence Code § 954. Where two or more clients (such as a married couple) have retained a lawyer upon a matter of common interest, neither of them may claim the privilege as to a communication made in the course of that relationship when the communication is offered in a civil proceeding between the two former clients (e.g., divorce). California Evidence Code § 962. The fundamental purpose of the privilege is to safeguard the confidential relationship between clients and their attorneys so as to promote full and open discussion. Sullivan v. Superior Court (1972) 29 Cal.App.3d 64, 71. There is no privilege if the services of the lawyer were sought or obtained to aid anyone in the commission of a crime or a fraud. California Evidence Code § 956.
Video: For a concise explanation of the attorney-client privilege, watch this video: Attorney-Client Privilege