Attorney Client Privilege Concepts
Attorney-Client Privilege Concepts
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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 e ective assistance Of Counsel . Sixth Amendment right of the accused to confront the witnesses against him
Procedures in Attorney Client privilege cases
Con dentiality 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
Radcli e 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 con dentiality 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
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
Resources
Conclusion
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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.