Guardian ad litem not covered by attorney-client privilege 
Published: October 31, 2011
Tags: attorney-client privilege, guardian ad litem, sexual assault
A guardian ad litem for a child who alleged she was sexually assaulted is not covered by the attorney-client privilege and could testify at the defendant’s criminal trial after the child recanted, the Colorado Supreme Court has ruled.
New York City ethics opinion allows litigation financing
Published: July 1, 2011
Tags: attorney-client privilege, ethics, litigation, litigation financing
The New York City Bar Association has issued a formal ethics opinion giving the green light to non-recourse litigation financing, but also pointing out the many ethical issues that lawyers must address.
Protecting privilege while traveling and commuting
Published: April 19, 2011
Tags: attorney-client privilege
For most lawyers, travel time can be a productive time to get some work done.
Federal claimant must detail fee request
Published: April 8, 2011
Tags: attorney fees, attorney-client privilege, Equal Access to Justice Act
The attorney-client privilege did not excuse a claimant from having to detail certain items for an award of fees as a prevailing party in a dispute with the federal government, the Federal Circuit has ruled in affirming judgment.
Law firm’s ‘loss prevention’ communications privileged
By:
Pat Murphy
Published: March 31, 2011
Tags: attorney-client privilege, legal malpractice
The attorney-client privilege protects a law firm’s internal communications regarding the prospects that a current client might sue for legal malpractice, a U.S. magistrate judge in Ohio has ruled in denying a motion to compel production.
Privilege protects insurer in bad faith lawsuit
By:
Pat Murphy
Published: March 22, 2011
Tags: attorney-client privilege, bad faith
The attorney-client privilege applies to preclude the disclosure of communications and correspondence in a first-party bad faith action against a disability insurer, the Florida Supreme Court has ruled in affirming judgment.
Employee’s e-mails to lawyer aren’t protected
By:
Pat Murphy
Published: January 19, 2011
Tags: attorney-client privilege, constructive discharge, hostile environment, sexual harassment
The attorney-client privilege did not protect e-mails that an employee sent to her attorney in anticipation of a discrimination lawsuit, the California Court of Appeal has ruled in affirming a defense verdict.
‘Fairly debatable’ defense doesn’t waive attorney-client privilege
By:
Sylvia Hsieh
Published: November 3, 2010
Tags: attorney-client privilege
In a bad faith action, Allstate didn’t waive the attorney-client privilege in certain documents by implicitly raising an advice of counsel defense, the Indiana Court of Appeals has ruled in reversing a lower court.
Law firm can circumvent privilege for ‘self defense’
By:
Pat Murphy
Published: September 30, 2010
Tags: attorney fees, attorney-client privilege, legal malpractice, self-defense, “self-protection” exception
A common law exception to the attorney-client privilege exists that allows a law firm to discover privileged material needed to justify its fees and defend against a claim of malpractice, the Ohio Supreme Court has ruled in reversing judgment.
Businessman can’t claim attorney-client privilege
By:
Pat Murphy
Published: July 9, 2010
Tags: attorney-client privilege
A businessman indicted for fraud could not prevent the disclosure of communications with his company’s attorneys, the 9th Circuit has ruled in affirming a conviction.
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