Attorney Client Privilege Concepts
The purpose for Attorney -client privilege is to encourage open communications between the attorney and client. Every client of every attorney-regardless of the legal advice or assistance sought-is subject to discovery demands that could reveal privileged information.
Attorney-Client Privilege concepts traces the historical development of the attorney-client privilege, of court interpretations and the scope of protection. There are problem areas for claiming the privilege; traditional exceptions to the privilege; waiver issues; e-mail and the privilege; the availability of the privilege in shareholder suits, in the partnership context, and for special committees of boards of directors; and alternative forms of protection, such as the trade secrets privilege and statutory measures.
Main issues in attorney-client privilege:
- Attorney-Client Privilege: Historical Developmen. Law of witnesses
- Barristers, attorneys, and solicitors
- Constitutional issues in the Union States. First Amendment right to free speech. Fourth Amendment protection against unreasonable searches and seizures. Fifth Amendment privilege against compelled self-incrimination. Fifth Amendment right to Due Process . Sixth Amendment right to eective assistance Of Counsel . Sixth Amendment right of the accused to confront the witnesses against him
- Procedures in Attorney Client privilege cases
- Condentiality agreements
- US Rule 501 and Choice of Law on Attorney Client Privilege
- Which portions of communications will be privileged?
- What constitutes legal advice or assistance?
- Other Protections for Confidential Corporate Information
1. Trade secrets
2. Statutory protection
3. Work-Product Doctrine
- Availability of Attorney Client Privilege to Corporations
- Client Identity
- Communications Covered by the Corporation’s Privilege
- Upjohn Co. v. United States case
- Acting as Attorney
- Inside Counsel
- Outside Counsel
- Effect of Non-Membership in Local Bar
- Associates, Paralegals, Secretaries
- Communications Between Attorney and Client
- Existence of Attorney-Client Relationship
- Inter-Attorney Communications
- Communications Made in Confidence
- Waiver of Privilege. Voluntary Waiver; Failure to Claim Privilege
- DOJ Corporate Waiver Guidelines
- Corporate Internal Investigations
- Privilege Logs
- Inadvertent Disclosure
- Required Disclosures
- Fax and E-Mail Communications and the Attorney Client Privilege
- Traditional Exceptions to Privilege. Prospective Crime or Fraud. Intentional Torts, Joint Attorney & Defense
- United States: Impact of the Sarbanes-Oxley Act and the Amendments to the Ethics Rules
- Rejection of Unavailability Exception
- Access to Privileged Materials by General Partners and by Limited Partners
- US IRS Investigations/Tax Shelters. Taxpayer Privileged Communications, Statutes and The Section 7525
- Bill of discovery’s limitation and Exception to bill of discovery
- Radclie v. Fursman case
- Litigation limitation in the United States of the Attorney-client privilege
- Duration of Attorney Client privilege
- Bar membership and the privilege
- Agent of attorney. His obligation to preserve condentiality of client’s communications
- Foreign attorneys and the privilege
- Jailhouse lawyers
- Tax practitioners (including accountants)
- Lawyer who is accountant
- Trademark agents and the privilege
- Witness and the privilege
- Should attorney-client privilege be available to corporations?
- “Control group” test, its problems and alternatives (“Subject matter” test)
- Communications between parent and subsidiary corporations
- Who may waive corporation’s attorney client privilege?
- What wrongs preclude application of privilege?
- Shareholder actions against directors
- Burden of persuasion and the privilege
- Director’s counsel versus corporation’s counsel
- Who can waive the Attorney’s privilege?
- Voluntary disclosure or use of privileged communications
- Use of attorney’s client privilege in communications into litigation
- Inadvertent disclosures. What constitutes inadvertence?
- “Community of interests” in joint or common defense
- Attorney’s privilege in Trusts and Unincorporated entities (Trade associations and partnerships)
- Direct protection for client to attorney communications; derivative protection for attorney to client communications
- Expanding direct protection to attorney communications
- Communications from attorney’s agent to attorney or client
- Must document authored by attorney be communicated to client for protection to apply?
- Preparatory communications and Pre-existing documents; copies of business correspondence
- Confidentiality
- Technical and public information within attorney-client communications not protected
The Privilege in the world:
- Attorney Client Privilege in Asia
- Attorney Client Privilege in Europe
- Attorney Client Privilege in the United States
- Attorney Client Privilege in Latin America
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
Mentioned in these Entries
Attorney Client Privilege Tags, Attorney, Due Process, Of Counsel, Some Attorney Client Privilege Tags, Some Attorney Client Privilege Topics.
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