Privilege
More Privilege Articles
Privilege
Can Now-Adverse Former Corporate Directors Access Their Old Corporate Files?
One glaring disagreement among state courts involves former corporate directors' right to access documents they possessed when they served as directors. Common sense might lead one to think that directors enjoyed access when they were loyally serving a corporation, but should be denied access if they become adverse to that corporation.
Read MorePrivilege
Client Consultants' Role Can Change Over Time, With Differing Waiver Implications
Some lawyers erroneously assume that the fragile attorney-client privilege protection normally survives disclosure (by them or by their clients) to the client’s consultant/agent. That can be true in very limited circumstances, depending on that consultant/agent’s role — which can change over time.
Read MorePrivilege
Pennsylvania Federal Court Helpfully Distinguishes Between Privilege and Work Product Protection
The last several Privilege Points have emphasized the different waiver implications of disclosing privileged communications and protected work product. For the most part, the distinctions rest on the very different societal benefits and costs of the ancient attorney-client privilege and the relatively new work product doctrine.
Read More