Privilege
More Privilege Articles
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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JM Smucker Avoids a Discovery Jam
Normally a third party does not have standing to challenge a document subpoena.
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Two S.D.N.Y. Cases Decided the Same Day Provide the Same Key Privilege Guidance: Parts I & II
Many if not most clients and even some ill-informed lawyers think they can “make” something privileged through some logistical step — such as marking it as “privileged,” copying a lawyer, inviting a lawyer to a meeting, etc. This is dangerously wrong.
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