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Privilege
Courts Assess Waiver Implications of Lawyers Testifying: Part I
For obvious reasons, lawyers rarely testify at trial. The ethics rules normally prevent a lawyer from trying a case if she is “likely to be a necessary witness.”
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Can the Privilege Protect Communications With a Lawyer Not Licensed in That State?
Under every state’s ethics rules, lawyers not licensed there may temporarily provide legal advice under certain conditions, but normally may not establish a “systematic and continuous” presence there without violating criminal statutes.
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JM Smucker Avoids a Discovery Jam
Normally a third party does not have standing to challenge a document subpoena.
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Two S.D.N.Y. Cases Decided the Same Day Provide the Same Key Privilege Guidance: Parts I & II
Many if not most clients and even some ill-informed lawyers think they can “make” something privileged through some logistical step — such as marking it as “privileged,” copying a lawyer, inviting a lawyer to a meeting, etc. This is dangerously wrong.
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What Standard Applies to Courts’ Review of Special Masters’ Privilege Calls
In some cases involving voluminous or complicated privilege issues, courts rely on special masters to make the privilege calls.
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Seeking Attorney’s Fees Triggers Work Product Waiver Issues: Part II
Last week’s Privilege Point described two cases finding that successful plaintiffs had waived work product protection covering their invoices and other attorney’s fees billing documents because they sought attorney’s fees as an element of damages.
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Seeking Attorneys’ Fees Triggers Work Product Waiver Issues: Part I
Under what is called the American Rule, winning litigants normally pay their own attorneys’ fees. But in some situations, they can seek recovery of those fees from the losing adversary.
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