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Ethics

FAST TAKE: Client Consultants Lose Out on Privilege Protection

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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Ethics

Fast Take: Client Consultants Lose Out on Privilege Protection, Part I

The attorney-client privilege that protects confidential communications between clients and their lawyers may extend to consultants if they act as the “functional equivalent” of corporate employees. Otherwise, most courts take a very narrow view. In Durling v. Papa John’s...

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Ethics

Fast Take: Privilege, Another Scenario

Privilege logs, which generally list the authors and recipients of withheld communications, are frequently cited in challenges to a corporation’s privilege claims when they show that no lawyer sent or received a withheld document. Corporations normally win those disputes by showing that...

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