Privilege
More Privilege Articles
Privilege
The Stealthy Rule 612 Risk to Privilege Protection
Lawyers preparing their clients and others for deposition or trial testimony frequently show them documents. Courts disagree about whether such lawyers can withhold from the adversary those documents' identity.
Read MorePrivilege
Contention Interrogatories: Not If, But When
It should come as no surprise that litigants normally seek discovery about their adversaries' legal contentions and factual support. On the other hand, litigants' lawyers understandably consider their trial strategy and their selection of factual support to be protected work product until they have made final decisions about both. How does the law reconcile these two competing interests?
Read MorePrivilege
S.D.N.Y. Issues Frightening Waiver Decision in Employment Case
Wise employment lawyers know that they should never be the decision makers when a client terminates an employee. Instead, those lawyers should be one of many inputs into the business person's decision to terminate.
Read More