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Rules, Standards, And The Attorney-Client Privilege: When The Privilege Is "At-Issue" In The Discovery Rule Context, Kenneth Duvall
Rules, Standards, And The Attorney-Client Privilege: When The Privilege Is "At-Issue" In The Discovery Rule Context, Kenneth Duvall
Northern Illinois University Law Review
Ask a non-lawyer what the purpose of the judicial system is, and a popular answer would surely be to determine what happened between the parties. However, every attorney knows that the adversarial process is not as straight-forward as that, as many interests must be juggled by the judge as well as by the attorneys in the case. One of the interests that should be protected is the need for a legal mechanism within which clients can freely discuss their problems with their attorneys. This need is largely satisfied by the attorney-client privilege, which necessarily acts as one of the great …
At Issue Waiver Of The Attorney-Client Privilege In Illinois: An Exception In Need Of A Standard, Kevin Bennardo
At Issue Waiver Of The Attorney-Client Privilege In Illinois: An Exception In Need Of A Standard, Kevin Bennardo
Northern Illinois University Law Review
This essay analyzes the "at issue" exception to the attorney-client privilege and suggests the adoption of a specified standardized test for finding the exception in Illinois. In general terms, at issue waiver of the attorney-client privilege occurs when a party pleads a claim or defense that places at issue the subject matter of privileged material over which she has control. Throughout the years, United States jurisdictions have employed four approaches for testing the application of the at issue exception, although recently the focus has been on two primary tests (the Hearn test and the anticipatory waiver test). Illinois courts have …