More Privilege Articles

Privilege

Court Issues Strange Intangible Work Product Decision

Although the federal work product rule and parallel state work product rules extend only to "documents and tangible things," most courts also protect intangible work product such as oral communications – at least to the extent that they reflect a lawyer's thought process. But it can be difficult to distinguish between such intangible work product and historical facts, which of course do not deserve any protection.

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Privilege

Having a Big Law Firm Hire a Public Relations Consultant Does Not Assure Privilege or Work Product Protection

Just as some clients think that copying a lawyer cinches privilege protection, even sophisticated clients relying on well-known law firms might erroneously believe that having those law firms hire a public relations consultant will assure privilege and work product protection. It doesn't.

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Privilege

Be Sure to Check the Choice of Law Before Analyzing "At Issue" Waivers

The unpredictable "at issue" waiver doctrine can strip away privilege protection without any disclosure of, or explicit reliance on, privileged communications. But state courts and even federal courts take widely varying approaches to this most dangerous type of implied waiver.

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