Privilege
More Privilege Articles
Privilege
What Is the Standard for Courts’ In Camera Review of Withheld Documents?
Work product protection focuses mostly on context, but withheld documents' content might also be pertinent. So in many if not most cases, a judge or her designee must read the withheld documents' content. What is the standard for such an in camera review?
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Adversaries Normally Can Explore Background Facts About Communications Withheld as Privileged
Attorney-client privilege protection focuses on communications' content, but those communications' context can shed light on their primary purpose, possible inapplicability because of third parties' presence, etc. So adversaries ordinarily can ask such context questions.
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Plaintiff Relying on a Former Lawyer’s Testimony Can’t Avoid a Privilege Waiver
Most courts hold that a litigant does not automatically waive privilege protection by listing a former lawyer as a witness – because that lawyer might testify about non-privileged facts. But not surprisingly, such a step can have disastrous results if the litigant and her current lawyer do not think ahead.
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