Privilege
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A frequent privilege issue arising in federal and state courts involves communications that do not come from or go to a lawyer. Such communications may clearly deserve privilege protection, under certain limited circumstances.
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Privilege
Illinois Federal Court Addresses a Substantive and a Logistical Privilege Issue: Part I
A frequent privilege issue arising in federal and state courts involves communications that do not come from or go to a lawyer. Such communications may clearly deserve privilege protection, under certain limited circumstances.
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Can Non-Practicing Lawyers Ever Deserve Privilege Protection?
Thomas Spahn, partner with McGuireWoods, returns with a new privilege point. The attorney-client privilege rests on a grand societal purpose — encouraging clients to safely share with their lawyers all the pertinent facts, so lawyers can guide them in a lawful direction. This is the same societal purpose underlying lawyers’ confidentiality duty.
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Courts Point to Several Factors in Addressing The “Primary Purpose” Privilege Standard
Nearly every court protects as privileged only those communications or documents whose “primary purpose” was for the clients to request legal advice or the lawyers to provide the requested legal advice. A few courts have taken a more liberal “one significant purpose” approach, but that favorable doctrine has not widely taken root.
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