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Privilege
How Do Courts Assess the "Need to Know" Standard?
Most if not all courts recite the tenet that corporations can lose their privilege protection for privileged documents circulated within the corporation to employees beyond those with a "need to know."
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Correctly Applying Work Product Protection Continues to Elude Some Courts
As Privilege Points have periodically mentioned, some courts inexplicably limit work product protection to documents lawyers prepare or order to be prepared. This type of mistake is not the only one that some courts make.
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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.
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