More Privilege Articles

Privilege

Courts Thankfully Back Away From a Broad “At Issue” Waiver Approach

Starting about 50 years ago in the case of Hearn v. Rhay, 68 F.R.D. 574 (E.D. Wash. 1975), some courts recognized a broad “at issue” waiver that could strip away privilege without the holder’s disclosure of or even reference to privileged communications.

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Privilege

Courts Assess Waiver Implications of Lawyers Testifying: Part II

Last week’s Privilege Point described a Nevada federal court ruling that a lawyer’s testimony about non-privileged matters did not waive that fragile protection.

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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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