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Privilege
Courts Apply The "Intensely Practical" Work Product Doctrine: Part I
The work product doctrine has been described by many courts as "intensely practical." Several decisions highlight this understandable adjective, and explicitly provide useful guidance for lawyers representing litigants and clients who anticipate litigation.
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Privilege
Northern District of Illinois Helpfully Explains The Work Product Doctrine Protection’s Contextual Basis
As these Privilege Points have repeatedly emphasized, privilege protection depends on communications' content — which must be primarily motivated by a client's request for legal advice, or the lawyer's responsive provision of legal advice.
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Privilege
May Litigants Advance Their Case Using Purloined Privileged Documents?
Given the vulnerability of electronic communications to intrusion, lawyers sometimes obtain and may be tempted to use documents that their clients have inappropriately obtained from an adversary – even privileged documents.
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Privilege
Can the Loser Immediately Appeal an Order Requiring Production of Privileged Communications?
One might think that a litigant should be able to file an interlocutory appeal of an order to produce arguably privileged documents. In such an obvious "cat out of the bag" situation, waiting until a final order does not do much to remedy an erroneous compulsion order.
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Privilege
Source and Choice of Privilege Law in Federal Courts: Part II
Last week's Privilege Point summarized a California federal court decision confirming that California recognizes its privilege in a statute, but then inexplicitly acknowledging that courts can themselves create exceptions.
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Privilege
Source and Choice of Privilege Law in Federal Courts: Part I
Lawyers dealing with attorney-client privilege questions obviously must assess what privilege law applies. Federal courts understandably apply federal privilege common law (essentially garden-variety principles) in federal question cases.
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Privilege
Hickman Work Product Protection Extends Beyond the Work Product Rule
Just about the time that extensive pre-trial discovery started, the Supreme Court recognized a new evidentiary protection – extending beyond the attorney-client privilege, and motivated by the understandable requirement that each litigant should do its own discovery work.
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