Privilege
More Privilege Articles
Privilege
Where Should Lawyers Look for the Applicable Attorney-Client Privilege?
The attorney-client privilege originated in Roman law, and flourished under what John Adams labeled "that most excellent monument of human art, the common of law of England." But in America, some states articulate their key privilege in statutes, some in rules, some in pure common law and some with a mixture of those.
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State Court Takes a Narrow View of the Common Interest Doctrine
Under the common interest doctrine, separately represented clients may sometimes contractually avoid the normal waiver impact of disclosing privileged communications to each other. But federal and state courts take widely varying approaches to this helpful (but dangerously imprecise) waiver-avoidance arrangement.
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Federal and State Courts Issue Helpful Investigation-Related Decisions
Internal corporate or other entity investigations frequently generate discovery motions that focus on privilege and work product creation and waiver issues. Two recent decisions offer some good news for defendants resisting discovery of investigation-related documents.
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