More Privilege Articles

Privilege

Courts Assess Waiver Implications of Lawyers Testifying: Part I

For obvious reasons, lawyers rarely testify at trial. The ethics rules normally prevent a lawyer from trying a case if she is “likely to be a necessary witness.”

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Privilege

Can the Privilege Protect Communications With a Lawyer Not Licensed in That State?

Under every state’s ethics rules, lawyers not licensed there may temporarily provide legal advice under certain conditions, but normally may not establish a “systematic and continuous” presence there without violating criminal statutes.

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Privilege

JM Smucker Avoids a Discovery Jam

Normally a third party does not have standing to challenge a document subpoena.

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