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The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
The Danger To Confidential Communications In The Mismatch Between The Fourth Amendment's "Reasonable Expectation Of Privacy" And The Confidentiality Of Evidentiary Privileges, Robert P. Mosteller, Kenneth S. Broun
Campbell Law Review
In May 2009, a bare majority of the Supreme Court of North Carolina decided State v. Rollins, making a serious mistake in privilege law that if applied generally will undermine the valued protections of evidentiary privileges. Ordinarily, few might criticize a ruling admitting statements like those made by the defendant, Mickey Rollins, who indicated his guilt for a homicide. However, Rollins' statements were made to his wife, and under established precedent, those conversations should have been ruled a privileged marital communication.
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Campbell Law Review
Waiver of the attorney-client privilege due to inadvertent disclosure is an important issue that courts and litigants have grappled with for a long time. With electronic discovery becoming increasingly common, and with electronic privilege reviews replacing paper reviews, the issue takes on greater importance. The risk of inadvertently disclosing privileged or protected information is heightened in electronic discovery because of the very nature of electronic information. For example, although a party makes an effort to segregate and delete privileged information from a computer drive prior to producing the electronic documents to the opposing party, the deleted files may still be …