Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
Inadvertent Disclosure Of Documents Subject To Attorney-Client Privilege, Michigan Law Review
Inadvertent Disclosure Of Documents Subject To Attorney-Client Privilege, Michigan Law Review
Michigan Law Review
This Note evaluates these judicial approaches to inadvertent disclosure in the context of document productions. Part I briefly reviews the purposes of the attorney-client privilege and argues that any test of waiver should be based on the client's intent to maintain confidentiality. Part II examines the traditional approach to waiver and rejects the rationales which support it. Part III concludes that a test based on the sufficiency of precautions taken against disclosure, rather than a test based on the intervention of an outside force, best reflects a client's intent. Part IV examines various factors that might be included in the …
The New Deal Lawyers, Michigan Law Review
The New Deal Lawyers, Michigan Law Review
Michigan Law Review
A Review of The New Deal Lawyers by Peter H. Irons
Poor People's Lawyers In Transition, Michigan Law Review
Poor People's Lawyers In Transition, Michigan Law Review
Michigan Law Review
A Review of Poor People's Lawyers in Transition by Jack Katz
A Book Review With An Eye To Ethics, William H. Erickson
A Book Review With An Eye To Ethics, William H. Erickson
Michigan Law Review
A Review of The Best Defense by Alan M. Dershowitz
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
Michigan Law Review
Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …