Privilege
More Privilege Articles
Privilege
Texas Court Applies Several Basic Work Product Principles
Because work product protection only applies at certain times, clients must be able to identify the exact moment that they first anticipated litigation. And not surprisingly, they must also explain why they first anticipated litigation at that moment.
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Two Federal Courts Assess a Prospective Client’s Privilege Protection on the Same Day
Communications between a lawyer and a prospective client can involve ethics (confidentiality and conflicts) issues, as well as privilege protection issues. Not surprisingly, the availability of privilege protection depends on the context.
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Work Product Protection Can Be Overcome in Some Circumstances, but the Privilege Is Absolute — Right?
Most lawyers know that fact work product protection can be overcome in certain circumstances, opinion work product is “absolutely or nearly absolutely” protected, and that the attorney-client privilege is absolute. But as with other supposedly universal concepts, there are exceptions.
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