Privilege
More Privilege Articles
Privilege
Texas Federal Court Applies the “At Issue” Waiver Doctrine
Clients can waive their privilege protection by intentionally or accidentally disclosing privileged communications, or by explicitly relying on privileged communications (such as pleading “advice of counsel” as a defense). They can also waive their privilege protection without disclosure and without such explicit references.
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Privilege Implications of Spousal Communications
Most courts hold that the incredibly fragile attorney-client privilege can be waived by disclosure even to family members (such as Martha Stewart’s disclosure to her own daughter). The separate "spousal privilege" recognized in many states complicates the analysis with those family members.
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Southern District of Ohio Acknowledges the "Fiduciary Exception's" Applicability to ERISA Communications — With a Twist
Under what is called the "fiduciary exception," the law essentially deems a fiduciary's beneficiary to be the fiduciary’s lawyer’s actual "client." This normally enables the beneficiary to access communications between the fiduciary and her lawyer about fiduciary functions. Most "fiduciary exception" cases involve ERISA fiduciaries.
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