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| attorney client privileged communication: Attorney-Client Privilege Answer Book Christopher S. Ruhland, 2016-11 Attorney-Client Privilege Answer Book provides, in a Q&A format, clear answers to the questions that attorneys grapple with on a regular basis as to what is, or is not, covered by the attorney-client privilege. |
| attorney client privileged communication: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| attorney client privileged communication: The Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, 2008 Previous editions published : 1997 (2nd) and 1989 (1st). |
| attorney client privileged communication: The Attorney-client Privilege and the Work-product Doctrine Edna Selan Epstein, 2007 The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden. |
| attorney client privileged communication: Ten Things You Need to Know as In-house Counsel Sterling Miller (Lawyer), 2017 [The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more.-- |
| attorney client privileged communication: Practitioner's Guide to Global Investigations Judith Seddon, 2018-01-19 There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I. |
| attorney client privileged communication: Evidence in New York State and Federal Courts Robert A. Barker, Vincent C. Alexander, 2001 |
| attorney client privileged communication: Corruption, Crime and Compliance Michael Volkov, 2011-10 Michael Volkov's career has spanned 30 years as an attorney in Washington, D.C. - as a federal prosecutor, a Chief Counsel on the Senate and House Judiciary Committees, a trial attorney in the Antitrust Division and in private practice. This book will help anyone better understand anti-bribery compliance in the U.S. and beyond. Michael Volkov's book is a compilation of articles on a number of subjects important to lawyers advising clients how to stay out of trouble. He is a prolific writer and I can say without question, we have not heard the last of his musings. Simply put, his book contains important information that should prove helpful to lawyers, particularly to those who practice in the white collar field. - Judge Stanley Sporkin, Former Director of the Division of Enforcement, U.S. Securities and Exchange Commission. |
| attorney client privileged communication: The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings Lorena Bachmaier Winter, Stephen C. Thaman, Veronica Lynn, 2020-06-10 The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings. |
| attorney client privileged communication: In Re Grand Jury Proceedings , 1981 |
| attorney client privileged communication: Solicitor-Client Privilege Adam Dodek, 2014-03 Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it.--pub. desc. |
| attorney client privileged communication: United States Attorneys' Manual United States. Department of Justice, 1985 |
| attorney client privileged communication: The Oxford Handbook of Advice Erina L. MacGeorge, Lyn M. Van Swol, 2018 Advice, defined as a recommendation for action in response to a problem, is a common form of interpersonal support and influence. Indeed, the advice we give and receive from others can be highly consequential, not only affecting us as recipients and advisors, but shaping outcomes for relationships, groups, and organizations. Some of those consequences are positive, as when advice promotes individual problem-solving, or enhances workgroup productivity. Yet advice can also hide ulterior motives, threaten identity, damage relationships, and promote inappropriate action. The Oxford Handbook of Advice provides a broad perspective on how advice succeeds and fails, systematically reviewing and synthesizing theory and research on advice from multiple disciplines, such as communication, psychology, applied linguistics, business, law, and medicine. Several chapters explore advice at different levels of analysis, focusing on advisor and recipient roles, advising interactions and relationships, and advice as a resource and connection in groups and networks. Other chapters address advice in particular types of personal relationships (romantic, family) and professional contexts (workplace, health, education, therapy). Contributing authors also consider cultural differences, advice online, and the ethics of advising. For scholars concerned with supportive communication, interpersonal influence, decision-making, social networks, and related communication processes at work, at home, and in society at large, this Handbook offers historical perspective, contemporary theoretical framing, methodological recommendations, and directions for future research. It also emphasizes practical application, offering clear, concise, and relevant advice for advising based on theory and research. |
| attorney client privileged communication: Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Orin S. Kerr, 2001 |
| attorney client privileged communication: The Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, Stephen M. McNabb, Oscar Rey Rodriguez, 2012 Attorney-client privilege continues to be a complex issue. The need for confidential communication in the corporate setting is as great, if not greater, than ever before. The latest edition focuses on: -Guidance for corporate counsel -Perspectives on the attorney-client privilege and the work-product doctrine -Confidentiality and its relationship to the attorney-client privilege -Hidden dangers for the exceptions to the attorney-client privilege And much more. |
| attorney client privileged communication: Drug and Medical Device Product Liability Deskbook James Beck, Anthony Vale, 2004 This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products. |
| attorney client privileged communication: Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, 1997 Rev. ed. of : The attorney-client privilege under siege. c1989. |
| attorney client privileged communication: Michigan Court Rules Kelly Stephen Searl, William C. Searl, 1922 |
| attorney client privileged communication: Evidence in Trials at Common Law John Henry Wigmore, 1983 |
| attorney client privileged communication: Psychotherapy, Confidentiality, and Privileged Communication Ralph Slovenko, 1966 |
| attorney client privileged communication: In Re Lindsey , 1987 |
| attorney client privileged communication: The Attorney-client Privilege Under Siege American Bar Association. Tort and Insurance Practice Section, 1989 Drawn from papers originally presented at Tort and Insurance Practice Section Spring Meeting May 10-14, 1989 Lake Buena Vista, Florida. |
| attorney client privileged communication: Constitutionalism and the Rule of Law Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin, 2017-02-02 Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating. |
| attorney client privileged communication: Annotated Model Rules of Professional Conduct Ellen J. Bennett, Elizabeth J. Cohen, Helen W. Gunnarsson, 2015 The eighth edition of the Annotated Model Rules of Professional Conduct presents an authoritative and practical analysis of the lawyer ethics rules and the cases, ethics opinions, and other legal authorities essential to understanding them. The Model Rules of Professional Conduct were adopted by the ABA in 1983 and have been amended numerous times since. This new edition of the Annotated Model Rules of Professional Conduct represents a major refinement of previous editions. It takes into account all amendments through February 2013, as well as the American Law Institute's Restatement (Third) of the Law Governing Lawyers (2000)--Acknowledgments. |
| attorney client privileged communication: The Air Force Law Review , 2000 |
| attorney client privileged communication: Internal Corporate Investigations Brad D. Brian, Barry F. McNeil, 2003 Guides you through the steps necessary to conduct a proper and thorough legal investigationdescribes and advises you on the methods and skills involved. |
| attorney client privileged communication: Solicitors Disciplinary Tribunal Nigel West, 2016-02-18 The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume. |
| attorney client privileged communication: Privileged Communications Patricia Frieder, Pat Frieder, 2000 Secrets you tell a shrink go with her to the grave... or do they? It looked like a double suicide-in more ways than one. Besieged by bankruptcy and disease, Alan and Denise Prather topped a dose of carbon monoxide with an exploding gas tank that turned them and their Cadillac into ashes. But Denise was a psychologist, and now the Santa Fe police want her patient records-including tapes of what attorney Matty Donahue's new client, Jimmy Abeyta, confessed on them.... Mattie isn't about to allow a breach of therapist-patient confidentiality. But while she fights the legal battles, she learns-from the wrong end of a fat man's fist-that the police aren't the only ones after those tapes. To protect her client, Matty must probe the lives of the dead couple. But she goes so deep that her exploration may well cost her own life. |
| attorney client privileged communication: Chicago Council of Lawyers V. Bauer , 1974 |
| attorney client privileged communication: Client Science Marjorie Corman Aaron, 2012-05-04 Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering bad news, which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship. |
| attorney client privileged communication: Commodity Futures Trading Commission V. Weintraub , 1982 |
| attorney client privileged communication: The Three Minute Man Richard L. Douglass, 2018-08-17 March 12, 1985, Columbia, Mississippi, Police Station Dispatch Office, 8:58 PM This is James Jackson at Red Carpet Motors. We've been robbed. My wife is hurt bad. I need an ambulance. Thus began, a yearlong investigation and prosecution into Mary Nell Jackson's killer, beginning with a crime scene containing no eyewitness, no murder weapon, very little physical evidence, and no motive. When the investigation began to focus on the husband, town and church, loyalties split . . . And when fate provided a clue, the question was whether this would be enough to prove murder against a man who represented the model church and community leader. The investigators and the prosecution had little choice but to use this clue, along with some unconventional investigation and trial tactics, to prove the truth to a jury and a small community torn by grief. This story is taken from the original files of law enforcement, the prosecution, the trial courts, and media coverage surrounding the death of Mary Nell Jackson. It is the inside story as told by the district attorney, Richard Douglass, who prosecuted a great deceiver, a man with a hidden second life . . . The Three-Minute Man. |
| attorney client privileged communication: In Re Oberhellman , 1991 |
| attorney client privileged communication: How to Succeed as a Trial Lawyer Stewart Edelstein, 2017-10 How to Succeed as a Trial Lawyer, Second Edition is a compendium of essentially every aspect of the civil litigation process and then some, told with humor and erudition. This book does not purport to be an academic treatment of the subject. Instead, it provides practical pointers on everything from dealing with clients and adversaries to managing ethical dilemmas to marketing one's practice and learning how to avoid alienating prospective clients at the next fund-raising dinner. The section on effective deposition-taking is a first-rate primer on that subject. Taken as a whole, the book provides a comprehensive checklist and how-to guide for civil litigators. This book is equivalent to having a sophisticated and accomplished trial lawyer in the family who is willing to take the time to share the fruits of his long experience and savvy insight on everything that matters in the civil litigation process. Two themes permeate this book. First, in the Edelstein view of the litigation process, less is almost always more. As noted, briefs should be edited to the point of gem-like brilliance. Significantly, the cogency that underlies the most effective briefs also informs other key aspects of the litigation process, from determining the necessary scope of discovery to sifting through the claims to present in a complaint or to pursue at trial. Second, every trial lawyer needs to identify the themes that will advance the client's cause and make certain that every litigation judgment is consistent with those themes. Following the precepts of this book will maximize every client's opportunity for success while minimizing the needless costs and expense that have given the contemporary litigation process such a bad reputation. Litigation is a challenging vocation. It demands not only intellectual ability but attention to detail, perseverance, creative problem-solving, persuasiveness, focus, integrity, and the ability to press the client's position with enthusiasm while maintaining sufficient detachment to provide the objective, independent advice the client requires. How to Succeed as a Trial Lawyer, Second Edition is an invaluable guide to each of these requirements and more. |
| attorney client privileged communication: Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, 2004 This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation. |
| attorney client privileged communication: The Client-Centered Law Firm Jack Newton, 2020-01-28 The legal industry has long been risk averse, but when it comes to adapting to the experience-driven world created by companies like Netflix, Uber, and Airbnb, adherence to the old status quo could be the death knell for today's law firms. In The Client-Centered Law Firm, Clio cofounder Jack Newton offers a clear-eyed and timely look at how providing a client-centered experience and running an efficient, profitable law firm aren't opposing ideas. With this approach, they drive each other. Covering the what, why, and how of running a client-centered practice, with examples from law firms leading this revolution as well as practical strategies for implementation, The Client-Centered Law Firm is a rallying call to unlock the enormous latent demand in the legal market by providing client-centered experiences, improving internal processes, and raising the bottom line. |
| attorney client privileged communication: The Last Murder George R. Dekle, 2011-05-26 While awaiting execution, America's most notorious serial killer Ted Bundy confessed to having murdered 12-year-old Kim Leach. But the details of his confession turn out to be false. What were his motivations for lying? And how do investigators get down to the truth? In this case, details like a handful of sand and a pile of mildewed cigarette butts helped reveal the truth. |
| attorney client privileged communication: ABA Standards for Criminal Justice American Bar Association, 1999-01-01 Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section--T.p. verso. |
| attorney client privileged communication: The Law of Trusts , 1990 |
| attorney client privileged communication: New York Matrimonial Trial Handbook Joel Brandes, 2017 The New York Matrimonial Trial Handbook, by Joel R. Brandes, of the New York Bar, was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is not a treatise. It is a how to book for lawyers. This handbook is a companion work to his treatise, Law and the Family New York, 2d (Thomson Reuters Westlaw), which contains extensive coverage of the substantive and procedural law related to matrimonial actions and family court proceedings. The New York Matrimonial Trial Handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses. |
| attorney-client privileged communication: Attorney-Client Privilege Answer Book Christopher S. Ruhland, 2016-11 Attorney-Client Privilege Answer Book provides, in a Q&A format, clear answers to the questions that attorneys grapple with on a regular basis as to what is, or is not, covered by the attorney-client privilege. |
| attorney-client privileged communication: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| attorney-client privileged communication: The Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, 2008 Previous editions published : 1997 (2nd) and 1989 (1st). |
| attorney-client privileged communication: The Attorney-client Privilege and the Work-product Doctrine Edna Selan Epstein, 2007 The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden. |
| attorney-client privileged communication: Ten Things You Need to Know as In-house Counsel Sterling Miller (Lawyer), 2017 [The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more.-- |
| attorney-client privileged communication: Practitioner's Guide to Global Investigations Judith Seddon, 2018-01-19 There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I. |
| attorney-client privileged communication: Evidence in New York State and Federal Courts Robert A. Barker, Vincent C. Alexander, 2001 |
| attorney-client privileged communication: Corruption, Crime and Compliance Michael Volkov, 2011-10 Michael Volkov's career has spanned 30 years as an attorney in Washington, D.C. - as a federal prosecutor, a Chief Counsel on the Senate and House Judiciary Committees, a trial attorney in the Antitrust Division and in private practice. This book will help anyone better understand anti-bribery compliance in the U.S. and beyond. Michael Volkov's book is a compilation of articles on a number of subjects important to lawyers advising clients how to stay out of trouble. He is a prolific writer and I can say without question, we have not heard the last of his musings. Simply put, his book contains important information that should prove helpful to lawyers, particularly to those who practice in the white collar field. - Judge Stanley Sporkin, Former Director of the Division of Enforcement, U.S. Securities and Exchange Commission. |
| attorney-client privileged communication: In Re Grand Jury Proceedings , 1981 |
| attorney-client privileged communication: The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings Lorena Bachmaier Winter, Stephen C. Thaman, Veronica Lynn, 2020-06-10 The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings. |
| attorney-client privileged communication: Solicitor-Client Privilege Adam Dodek, 2014-03 Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it.--pub. desc. |
| attorney-client privileged communication: United States Attorneys' Manual United States. Department of Justice, 1985 |
| attorney-client privileged communication: The Oxford Handbook of Advice Erina L. MacGeorge, Lyn M. Van Swol, 2018 Advice, defined as a recommendation for action in response to a problem, is a common form of interpersonal support and influence. Indeed, the advice we give and receive from others can be highly consequential, not only affecting us as recipients and advisors, but shaping outcomes for relationships, groups, and organizations. Some of those consequences are positive, as when advice promotes individual problem-solving, or enhances workgroup productivity. Yet advice can also hide ulterior motives, threaten identity, damage relationships, and promote inappropriate action. The Oxford Handbook of Advice provides a broad perspective on how advice succeeds and fails, systematically reviewing and synthesizing theory and research on advice from multiple disciplines, such as communication, psychology, applied linguistics, business, law, and medicine. Several chapters explore advice at different levels of analysis, focusing on advisor and recipient roles, advising interactions and relationships, and advice as a resource and connection in groups and networks. Other chapters address advice in particular types of personal relationships (romantic, family) and professional contexts (workplace, health, education, therapy). Contributing authors also consider cultural differences, advice online, and the ethics of advising. For scholars concerned with supportive communication, interpersonal influence, decision-making, social networks, and related communication processes at work, at home, and in society at large, this Handbook offers historical perspective, contemporary theoretical framing, methodological recommendations, and directions for future research. It also emphasizes practical application, offering clear, concise, and relevant advice for advising based on theory and research. |
| attorney-client privileged communication: The Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, Stephen M. McNabb, Oscar Rey Rodriguez, 2012 Attorney-client privilege continues to be a complex issue. The need for confidential communication in the corporate setting is as great, if not greater, than ever before. The latest edition focuses on: -Guidance for corporate counsel -Perspectives on the attorney-client privilege and the work-product doctrine -Confidentiality and its relationship to the attorney-client privilege -Hidden dangers for the exceptions to the attorney-client privilege And much more. |
| attorney-client privileged communication: Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Orin S. Kerr, 2001 |
| attorney-client privileged communication: Drug and Medical Device Product Liability Deskbook James Beck, Anthony Vale, 2004 This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products. |
| attorney-client privileged communication: Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, 1997 Rev. ed. of : The attorney-client privilege under siege. c1989. |
| attorney-client privileged communication: Michigan Court Rules Kelly Stephen Searl, William C. Searl, 1922 |
| attorney-client privileged communication: Evidence in Trials at Common Law John Henry Wigmore, 1983 |
| attorney-client privileged communication: Psychotherapy, Confidentiality, and Privileged Communication Ralph Slovenko, 1966 |
| attorney-client privileged communication: In Re Lindsey , 1987 |
| attorney-client privileged communication: The Attorney-client Privilege Under Siege American Bar Association. Tort and Insurance Practice Section, 1989 Drawn from papers originally presented at Tort and Insurance Practice Section Spring Meeting May 10-14, 1989 Lake Buena Vista, Florida. |
| attorney-client privileged communication: Constitutionalism and the Rule of Law Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin, 2017-02-02 Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating. |
| attorney-client privileged communication: Annotated Model Rules of Professional Conduct Ellen J. Bennett, Elizabeth J. Cohen, Helen W. Gunnarsson, 2015 The eighth edition of the Annotated Model Rules of Professional Conduct presents an authoritative and practical analysis of the lawyer ethics rules and the cases, ethics opinions, and other legal authorities essential to understanding them. The Model Rules of Professional Conduct were adopted by the ABA in 1983 and have been amended numerous times since. This new edition of the Annotated Model Rules of Professional Conduct represents a major refinement of previous editions. It takes into account all amendments through February 2013, as well as the American Law Institute's Restatement (Third) of the Law Governing Lawyers (2000)--Acknowledgments. |
| attorney-client privileged communication: The Air Force Law Review , 2000 |
| attorney-client privileged communication: Internal Corporate Investigations Brad D. Brian, Barry F. McNeil, 2003 Guides you through the steps necessary to conduct a proper and thorough legal investigationdescribes and advises you on the methods and skills involved. |
| attorney-client privileged communication: Solicitors Disciplinary Tribunal Nigel West, 2016-02-18 The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume. |
| attorney-client privileged communication: Privileged Communications Patricia Frieder, Pat Frieder, 2000 Secrets you tell a shrink go with her to the grave... or do they? It looked like a double suicide-in more ways than one. Besieged by bankruptcy and disease, Alan and Denise Prather topped a dose of carbon monoxide with an exploding gas tank that turned them and their Cadillac into ashes. But Denise was a psychologist, and now the Santa Fe police want her patient records-including tapes of what attorney Matty Donahue's new client, Jimmy Abeyta, confessed on them.... Mattie isn't about to allow a breach of therapist-patient confidentiality. But while she fights the legal battles, she learns-from the wrong end of a fat man's fist-that the police aren't the only ones after those tapes. To protect her client, Matty must probe the lives of the dead couple. But she goes so deep that her exploration may well cost her own life. |
| attorney-client privileged communication: Chicago Council of Lawyers V. Bauer , 1974 |
| attorney-client privileged communication: Client Science Marjorie Corman Aaron, 2012-05-04 Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering bad news, which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship. |
| attorney-client privileged communication: Commodity Futures Trading Commission V. Weintraub , 1982 |
| attorney-client privileged communication: The Three Minute Man Richard L. Douglass, 2018-08-17 March 12, 1985, Columbia, Mississippi, Police Station Dispatch Office, 8:58 PM This is James Jackson at Red Carpet Motors. We've been robbed. My wife is hurt bad. I need an ambulance. Thus began, a yearlong investigation and prosecution into Mary Nell Jackson's killer, beginning with a crime scene containing no eyewitness, no murder weapon, very little physical evidence, and no motive. When the investigation began to focus on the husband, town and church, loyalties split . . . And when fate provided a clue, the question was whether this would be enough to prove murder against a man who represented the model church and community leader. The investigators and the prosecution had little choice but to use this clue, along with some unconventional investigation and trial tactics, to prove the truth to a jury and a small community torn by grief. This story is taken from the original files of law enforcement, the prosecution, the trial courts, and media coverage surrounding the death of Mary Nell Jackson. It is the inside story as told by the district attorney, Richard Douglass, who prosecuted a great deceiver, a man with a hidden second life . . . The Three-Minute Man. |
| attorney-client privileged communication: In Re Oberhellman , 1991 |
| attorney-client privileged communication: The Client-Centered Law Firm Jack Newton, 2020-01-28 The legal industry has long been risk averse, but when it comes to adapting to the experience-driven world created by companies like Netflix, Uber, and Airbnb, adherence to the old status quo could be the death knell for today's law firms. In The Client-Centered Law Firm, Clio cofounder Jack Newton offers a clear-eyed and timely look at how providing a client-centered experience and running an efficient, profitable law firm aren't opposing ideas. With this approach, they drive each other. Covering the what, why, and how of running a client-centered practice, with examples from law firms leading this revolution as well as practical strategies for implementation, The Client-Centered Law Firm is a rallying call to unlock the enormous latent demand in the legal market by providing client-centered experiences, improving internal processes, and raising the bottom line. |
| attorney-client privileged communication: How to Succeed as a Trial Lawyer Stewart Edelstein, 2017-10 How to Succeed as a Trial Lawyer, Second Edition is a compendium of essentially every aspect of the civil litigation process and then some, told with humor and erudition. This book does not purport to be an academic treatment of the subject. Instead, it provides practical pointers on everything from dealing with clients and adversaries to managing ethical dilemmas to marketing one's practice and learning how to avoid alienating prospective clients at the next fund-raising dinner. The section on effective deposition-taking is a first-rate primer on that subject. Taken as a whole, the book provides a comprehensive checklist and how-to guide for civil litigators. This book is equivalent to having a sophisticated and accomplished trial lawyer in the family who is willing to take the time to share the fruits of his long experience and savvy insight on everything that matters in the civil litigation process. Two themes permeate this book. First, in the Edelstein view of the litigation process, less is almost always more. As noted, briefs should be edited to the point of gem-like brilliance. Significantly, the cogency that underlies the most effective briefs also informs other key aspects of the litigation process, from determining the necessary scope of discovery to sifting through the claims to present in a complaint or to pursue at trial. Second, every trial lawyer needs to identify the themes that will advance the client's cause and make certain that every litigation judgment is consistent with those themes. Following the precepts of this book will maximize every client's opportunity for success while minimizing the needless costs and expense that have given the contemporary litigation process such a bad reputation. Litigation is a challenging vocation. It demands not only intellectual ability but attention to detail, perseverance, creative problem-solving, persuasiveness, focus, integrity, and the ability to press the client's position with enthusiasm while maintaining sufficient detachment to provide the objective, independent advice the client requires. How to Succeed as a Trial Lawyer, Second Edition is an invaluable guide to each of these requirements and more. |
| attorney-client privileged communication: Attorney-client Privilege in Civil Litigation Vincent S. Walkowiak, 2004 This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation. |
| attorney-client privileged communication: The Last Murder George R. Dekle, 2011-05-26 While awaiting execution, America's most notorious serial killer Ted Bundy confessed to having murdered 12-year-old Kim Leach. But the details of his confession turn out to be false. What were his motivations for lying? And how do investigators get down to the truth? In this case, details like a handful of sand and a pile of mildewed cigarette butts helped reveal the truth. |
| attorney-client privileged communication: ABA Standards for Criminal Justice American Bar Association, 1999-01-01 Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section--T.p. verso. |
| attorney-client privileged communication: The Law of Trusts , 1990 |
| attorney-client privileged communication: 2021 Louisiana Legal Ethics Dane S Ciolino, 2021-01-27 Thousands of complaints are filed against Louisiana lawyers each year. Many are caused by simple mistakes and innocent misunderstandings about what the rules of conduct require. For straightforward answers to professional responsibility questions, get Louisiana Legal Ethics: Standards & Commentary (2021), a comprehensive source for Louisiana legal ethics rules, cases, and indispensable practical advice. Updated for 2021 with more than 40 new reported decisions and ethics opinions. Prof. Dane S. Ciolino edits and annotates this book. He serves as the Alvin R. Christovich Distinguished Professor of Law at Loyola University New Orleans College of Law, where he teaches legal ethics, advocacy, and evidence. |
Mythbusting the Attorney-Client Privilege (and Other Privileges)
Jan 22, 2025 · Elements of the Attorney-Client Privilege • As a general matter, the attorney-client privilege protects: 1. a communication, 2. made between privileged persons (i.e., attorney, …
A Basic Guide to the Attorney-Client Privilege and the Work …
Four types of communications might deserve protection. Clients: ask for legal advice, and give their lawyers facts about which the client seeks advice. Lawyers: ask for the facts they need, …
Attorney-Client Privilege for In-House Counsel: Ethical and …
Jan 10, 2023 · •Attorney-Client Privilege: Protects communications between an attorney and client that are made in confidence. Belongs to the client. •Work Product Doctrine: Protects the …
ATTORNEY -CLIENT PRIVILEGE Confidential information
Factual circumstances surrounding the communications between an attorney and a client, such as the date of the communication and the identity of persons copied on correspondence, are …
Establishing & Maintaining the Privilege for In-House …
The attorney-client privilege, the oldest common law privilege for confidential communications, protects confidential communications between lawyer and client from disclosure to third parties.
THE ATTORNEY- CLIENT PRIVILEGE - Vinson & Elkins
The attorney-client privilege protects: • A communication • Between privileged persons (attorney, client, or in some cases, an agent) • Made in confidence • For the purpose of obtaining or …
5.03 Attorney (CPLR 4503)1 (a) 1. Confidential communication …
CPLR 4503 (b) creates a statutory exception to the privilege where the confidential communication between a deceased client and the client’s attorney involves the preparation, …
Attorney-Client Privilege & Employee-to-Employee …
• Designate privileged written communications “Attorney-Client Privilege” and “Confidential,” but reserve such designations for communications that were made for the purpose of providing or …
The Attorney-Client Privilege in Civil Litigation - Robins Kaplan …
Knowing the answers to these questions is imperative to preserving the attor-ney-client privilege. “The privilege is based on the two related principles. The first is that loy-alty forms an intrinsic …
Attorney-Client Privilege “Basics” - University of Alabama in ...
Communications from a client to an attorney’s agents or subordinates, such as an administrative assistant, secretary, or law clerk working under the attorney’s supervision and control, are …
public records attorney-client communications slides
Obligation of confidentiality applies to all types of communications and information the attorney has. Clearly, this information would be privileged under the common law attorney‐client privilege.
Privilege United States - Gibson Dunn
1 Are communications between an attorney and client protected? Under what circumstances? Yes. Although the precise definition of attorney–client privilege varies among state and federal …
Nine Tips on Protecting Attorney-Client Privilege in Dual …
Consider clearly distinguishing a communication for the purpose of legal advice as being privileged by using a header indicating “Privileged and Confidential” on emails, letters, and …
EXPLORING ATTORNEY CLIENT PRIVILEGE, WORK PRODUCT …
Sep 30, 2014 · The assertion of attorney-client privilege in the Second Circuit is governed by a similar test. In the Second Circuit, “the attorney-client privilege protects communications: 1) …
Privilege 101: Understanding Privileged Conversations Under …
As protective as the attorney-client privilege is, sometimes, especially in criminal cases, an attorney must decide whether he/she has an obligation to disclose communication or facts that …
ATTORNEY -CLIENT PRIVILEGE Confidential information
RESTATEMENT §68. ATTORNEY-CLIENT PRIVILEGE Except as otherwise provided in this Restatement, the attorney - client privilege may privilege may be invoked as provided in § 86 …
Attorney-Client Privilege and Work Product - ACC
The attorney-client privilege only protects the communications actually had by the client and lawyer and only extends to information given for the purpose of obtaining legal advice.
Attorney Client Privilege - State Bar of Texas
The attorney–client privilege protects confidential information learned by an attorney during client representation. The work-product doctrine protects the thoughts and materials prepared, and …
Attorney-Client Privilege - mintz.com
What is the Attorney-Client Privilege? 4 •A confidential communication between an attorney and a client for the purpose of giving legal advice. –Note that facts, alone, are NOT privileged! •Policy …
Definitions of the Attorney-Client Privilege
attorney-client privilege applies to (1) a communication between (2) an attorney and (3) a client, (4) made in confidence (5) for the purpose of seeking or obtaining legal advice.
Mythbusting the Attorney-Client Privilege (and Other …
Jan 22, 2025 · Elements of the Attorney-Client Privilege • As a general matter, the attorney-client privilege protects: 1. a communication, 2. made between privileged persons (i.e., attorney, …
A Basic Guide to the Attorney-Client Privilege and the Work …
Four types of communications might deserve protection. Clients: ask for legal advice, and give their lawyers facts about which the client seeks advice. Lawyers: ask for the facts they need, …
Attorney-Client Privilege for In-House Counsel: Ethical and …
Jan 10, 2023 · •Attorney-Client Privilege: Protects communications between an attorney and client that are made in confidence. Belongs to the client. •Work Product Doctrine: Protects the …
ATTORNEY -CLIENT PRIVILEGE Confidential information
Factual circumstances surrounding the communications between an attorney and a client, such as the date of the communication and the identity of persons copied on correspondence, are …
Establishing & Maintaining the Privilege for In-House …
The attorney-client privilege, the oldest common law privilege for confidential communications, protects confidential communications between lawyer and client from disclosure to third parties.
THE ATTORNEY- CLIENT PRIVILEGE - Vinson & Elkins
The attorney-client privilege protects: • A communication • Between privileged persons (attorney, client, or in some cases, an agent) • Made in confidence • For the purpose of obtaining or …
5.03 Attorney (CPLR 4503)1 (a) 1. Confidential …
CPLR 4503 (b) creates a statutory exception to the privilege where the confidential communication between a deceased client and the client’s attorney involves the preparation, …
Attorney-Client Privilege & Employee-to-Employee …
• Designate privileged written communications “Attorney-Client Privilege” and “Confidential,” but reserve such designations for communications that were made for the purpose of providing or …
The Attorney-Client Privilege in Civil Litigation - Robins …
Knowing the answers to these questions is imperative to preserving the attor-ney-client privilege. “The privilege is based on the two related principles. The first is that loy-alty forms an intrinsic …
Attorney-Client Privilege “Basics” - University of Alabama in ...
Communications from a client to an attorney’s agents or subordinates, such as an administrative assistant, secretary, or law clerk working under the attorney’s supervision and control, are …
public records attorney-client communications slides
Obligation of confidentiality applies to all types of communications and information the attorney has. Clearly, this information would be privileged under the common law attorney‐client privilege.
Privilege United States - Gibson Dunn
1 Are communications between an attorney and client protected? Under what circumstances? Yes. Although the precise definition of attorney–client privilege varies among state and federal …
Nine Tips on Protecting Attorney-Client Privilege in Dual …
Consider clearly distinguishing a communication for the purpose of legal advice as being privileged by using a header indicating “Privileged and Confidential” on emails, letters, and …
EXPLORING ATTORNEY CLIENT PRIVILEGE, WORK PRODUCT …
Sep 30, 2014 · The assertion of attorney-client privilege in the Second Circuit is governed by a similar test. In the Second Circuit, “the attorney-client privilege protects communications: 1) …
Privilege 101: Understanding Privileged Conversations Under …
As protective as the attorney-client privilege is, sometimes, especially in criminal cases, an attorney must decide whether he/she has an obligation to disclose communication or facts that …
ATTORNEY -CLIENT PRIVILEGE Confidential information
RESTATEMENT §68. ATTORNEY-CLIENT PRIVILEGE Except as otherwise provided in this Restatement, the attorney - client privilege may privilege may be invoked as provided in § 86 …
Attorney-Client Privilege and Work Product - ACC
The attorney-client privilege only protects the communications actually had by the client and lawyer and only extends to information given for the purpose of obtaining legal advice.
Attorney Client Privilege - State Bar of Texas
The attorney–client privilege protects confidential information learned by an attorney during client representation. The work-product doctrine protects the thoughts and materials prepared, and …
Attorney-Client Privilege - mintz.com
What is the Attorney-Client Privilege? 4 •A confidential communication between an attorney and a client for the purpose of giving legal advice. –Note that facts, alone, are NOT privileged! …
Definitions of the Attorney-Client Privilege
attorney-client privilege applies to (1) a communication between (2) an attorney and (3) a client, (4) made in confidence (5) for the purpose of seeking or obtaining legal advice.
