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Privilege
Plaintiffs Suing Jones Day for Retaliation Must Identify Lawyers With Whom They Consulted Before Filing Their Lawsuit
Last week's Privilege Point addressed a case in which defendant Holland & Knight could withhold the names of clients to whom it provided advice allegedly similar to advice plaintiffs claimed was fraudulent. A few weeks later, another court assessed whether plaintiffs suing Jones Day for alleged retaliation against them for seeking parental leave had to identify lawyers with whom they consulted before suing that law firm.
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Can a Plaintiff Suing Holland & Knight for Fraud Discover Which Other Clients Received Similar Advice?
In most situations, a law firm's clients' identities do not deserve privilege protection. But as with so many other general privilege rules, there are exceptions.
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Why Is a D.C. Federal Court Analyzing a State "Control Group" Privilege Standard, but the Federal Work Product Rule?: Parts I & II
All but a handful of states apply what is called the Upjohn privilege standard – under which the attorney-client privilege can protect a corporation's lawyer's communication with any corporate employee who has information the lawyer needs to provide the corporate client legal advice.
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