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Privilege
Sending an Adversary a Draft Complaint Does Not Waive Privilege or Work Product Protection
Would-be litigants sometimes send a draft complaint to the would-be adversary — either to deter their bothersome conduct or to spur settlement talks.
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Can Litigants on Opposite Sides of the "v." Ever Enter Into a Common Interest Agreement?
Separately represented clients sometimes may avoid the normal waiver implications of sharing privileged communications by entering into a common interest agreement — but such contractual arrangements frequently do not work.
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Attorney-Client Privilege Lasts Forever -- What About Work Product Protection?
Attorney-client privilege protection lasts forever, but determining work product doctrine protection’s duration presents a more subtle analysis.
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The Crypto King's and Other's Reliance on Legal Advice: Part III
The last two Privilege Points have addressed the implied waiver implications of litigants (defendant in the Crypto King’s trial and plaintiff in the case described last week) relying on legal advice to defend against or assert a claim.
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The Crypto King's and Other's Reliance on Legal Advice: Part II
Last week’s Privilege Point described an “advice of counsel” issue that arose in Bankman-Fried’s recent criminal trial.
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The Crypto King's and Other's Reliance on Legal Advice: Part I
Defendants seeking to avoid liability by relying on a lawyer’s advice trigger a classic “implied waiver.”
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Court Allow a voice From the Grace -- the "Testamentary Exception"
Not surprisingly, both a lawyer’s confidentiality duty and the attorney-client privilege protection last beyond the client’s death.
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