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Legal Ethics and Professional Responsibility Commons

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Full-Text Articles in Legal Ethics and Professional Responsibility

Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai Jan 2019

Towards A Parent-Inclusive Attorney-Client Privilege, Sande L. Buhai

Georgia Law Review

Few state or federal courts recognize a parent-child
testimonial or communication privilege. Yet, courts
recognize privileges between spouses, clergy-penitent,
and therapist-patient. Supported by the Wigmore test
that legitimized these privileges, this paper argues that
the attorney-client privilege should still exist even if (1)
a client’s parent is included in an attorney-client
meeting in an advisory capacity; (2) the child discloses
contents of the attorney-client communications to the
child’s parent; or (3) the child discusses the contents of
the attorney-client communications with the child’s
parent.


Is The Attorney-Client Privilege Under Attack?, Nancy B. Rapoport, Jennifer Gross Jan 2010

Is The Attorney-Client Privilege Under Attack?, Nancy B. Rapoport, Jennifer Gross

Scholarly Works

This short article discusses the Textron case and attorney-client privilege in foreign jurisdictions.


Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong Jan 2007

Attorney-Client Privilege In The Public Sector: A Survey Of Government Attorneys, Nancy Leong

Faculty Publications

No abstract provided.


Privilege Can Be Abused: Exploring The Ethical Obligation To Avoid Frivolous Claims Of Privilege, Maura I. Strassberg Mar 2006

Privilege Can Be Abused: Exploring The Ethical Obligation To Avoid Frivolous Claims Of Privilege, Maura I. Strassberg

ExpressO

Many lawyers believe that ethical duties of confidentiality and zealousness require them to assert attorney-client privilege as aggressively as they assert a criminal defendant’s lack of guilt. They treat client information as if it is “privileged until proven unprivileged,” even though it is the claimant of privilege that has the evidentiary burden of showing that all the legal elements of privilege are met. Ordinarily, the adversary system works well to expose and control frivolous claims, but challenges to frivolous claims of privilege face unique obstacles. Challengers must operate “in the dark,” without the detailed knowledge of the communication needed to …


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice Jun 1999

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated , Paul R. Rice

American University Law Review

No abstract provided.


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice Jan 1999

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Mead Data Central, Inc. V. United States Department Of The Air Force: Extending The Foia's Fifth Exemption Dec 1977

Mead Data Central, Inc. V. United States Department Of The Air Force: Extending The Foia's Fifth Exemption

William & Mary Law Review

No abstract provided.