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Articles 1 - 9 of 9
Full-Text Articles in Law
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Eyes Wide Shut: How Ignorance Of The Common Interest Doctrine Can Compromise Informed Consent, Katharine Traylor Schaffzin
Eyes Wide Shut: How Ignorance Of The Common Interest Doctrine Can Compromise Informed Consent, Katharine Traylor Schaffzin
University of Michigan Journal of Law Reform
This Article addresses the novel ethical problems presented by the common interest doctrine that implicate an attorney's duties of diligence, confidentiality, and loyalty to his or her client. These adverse effects of informal aggregation are not always fully considered before engaging a client in a common interest arrangement, but they should be. In Part II, this Article first explains the potential advantages that the common interest doctrine presents as an evidentiary tool, but then recognizes that exercise of the doctrine creates an undefined duty on the part of the attorney to the party with whom a client exchanges confidential information. …
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Pace Law Review
No abstract provided.
The Mediator As Fugu Chef: Preserving Protections Without Poisoning The Process, Maureen Laflin
The Mediator As Fugu Chef: Preserving Protections Without Poisoning The Process, Maureen Laflin
Articles
No abstract provided.
Computers, Search Warrants, And The Private Papers Exemption, David E. Clark
Computers, Search Warrants, And The Private Papers Exemption, David E. Clark
David E Clark
Police increasingly seek search warrants for information stored on personal computers. Georgia law, OCGA 17-5-21(a)(5) prohibits the issuance of a search warrant for "private papers," which include any documents subject to a recognized privilege (attorney-client, doctor-patient). This statute, and other technological factors, raise the risk of a computer search warrant being ruled overbroad unless it is carefully drafted. A constitutionally sound format for a computer search warrant application is given, along with guidelines for drafting and executing a warrant for digital property believed to be evidence of a crime.
The Strange Case Of Josh Wolf: What It Tells Us About Privilege Law, Anthony L. Fargo
The Strange Case Of Josh Wolf: What It Tells Us About Privilege Law, Anthony L. Fargo
Anthony L Fargo
The case of Josh Wolf, a blogger jailed for nearly six months for failing to comply with a subpoena, highlights several problems with the law of journalist's privilege. In particular, the Wolf case demonstrates the problems of defining who is a journalist and reconciling the law among different federal circuits and between federal and state courts. A proposed federal shield law may solve some, but not all, of these problems.
Taking Attorney-Client Communications (And Therefore Clients) Seriously, Eli Wald
Taking Attorney-Client Communications (And Therefore Clients) Seriously, Eli Wald
University of San Francisco Law Review
This Article argues that the Rules of Professional Conduct still need significant improvement and should adopt a materiality-based communications rule that would ensure that clients receive all information a reasonable client would consider relevant to making decisions regarding the attorney-client relationship.
"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer’S Duty To Warn Of Confidentiality’S Limits In Today's Post-Enron World, Paul F. Rothstein
"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer’S Duty To Warn Of Confidentiality’S Limits In Today's Post-Enron World, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
In light of recent developments, the confidence that one's communications with a lawyer will remain sacrosanct today may be badly misplaced. This raises important questions concerning the duty of lawyers: When, to what extent, and in what detail, does an attorney communicating with someone who may expect confidentiality, have a duty to explain in advance the circumstances under which the information gained may subsequently be revealed pursuant to these or other confidentiality loopholes? Will the interviewee “clam up” in the face of such Miranda-like warnings? If so, what does this do to the premise of Upjohn and the Model Rule …
Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz
Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz
Michael Katz
While the gains from the digital revolution are tremendous in terms of increased efficiency, access to information and searchability, the change in information format has caught some off guard. No longer is data limited to what is available on a piece of paper. Yet there is a price to pay for these gains. Where once a letter’s recipient could not see anything but what the sender openly presented in the letter, today that email, word processing document and spreadsheet all contain additional information not readily visible on their face. Beneath the surface, packed into the file, exists metadata - information …