Zimmerman v. Superior Court

Deputy public defender Terry Zimmerman (plaintiff) represented a woman charged with murder for financial gain. Before being transferred, Zimmerman submitted to the court an envelope containing the victim's will, related trust documents, and mail. The prosecution asked Zimmerman twelve discovery questions about the items, including who gave them to her and when and how she received them. Zimmerman asserted attorney-client privilege and refused to answer, admitting her client had not mailed her the items but claiming they came through her agents. The trial court asked her to provide supporting facts privately in camera; she did not. The court held her in contempt but stayed a jail order pending appellate review.

Whether extending the attorney-client privilege to protect a person acting as the attorney's agent requires the attorney to show specific facts establishing the agency.