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Privilege
When Do Courts Conduct an In Camera Review of Withheld Documents?
Given the bare bones nature of many privilege logs, courts sometimes may be called upon, or themselves decide, to review withheld documents in camera to assess the grounds for the documents’ withholding.
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The Surprising Danger of Including a Spouse on Email Communications
Most lawyers know that state statutes or common law doctrines often protect communications between spouses – although there is wide variation in such approaches. But there is a lurking danger that all of us should keep in mind.
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Courts Thankfully Back Away From a Broad “At Issue” Waiver Approach
Starting about 50 years ago in the case of Hearn v. Rhay, 68 F.R.D. 574 (E.D. Wash. 1975), some courts recognized a broad “at issue” waiver that could strip away privilege without the holder’s disclosure of or even reference to privileged communications.
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Courts Assess Waiver Implications of Lawyers Testifying: Part II
Last week’s Privilege Point described a Nevada federal court ruling that a lawyer’s testimony about non-privileged matters did not waive that fragile protection.
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Courts Assess Waiver Implications of Lawyers Testifying: Part I
For obvious reasons, lawyers rarely testify at trial. The ethics rules normally prevent a lawyer from trying a case if she is “likely to be a necessary witness.”
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Can the Privilege Protect Communications With a Lawyer Not Licensed in That State?
Under every state’s ethics rules, lawyers not licensed there may temporarily provide legal advice under certain conditions, but normally may not establish a “systematic and continuous” presence there without violating criminal statutes.
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JM Smucker Avoids a Discovery Jam
Normally a third party does not have standing to challenge a document subpoena.
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