Privilege
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Privilege
The Oddly Named "Fiduciary Exception" and Its "Exceptions"
Under old English trust law, courts gave trust beneficiaries access to otherwise privileged communications between the trust fiduciary and its lawyer advising him or her on trust administration matters.
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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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