Party may depose opposing counsel 
Published: May 21, 2012
Tags: attorney-client privilege, deposition, work product
State law did not absolutely prohibit a party in a business dispute from deposing the opposing party’s former trial lawyer, the Nevada Supreme Court has ruled.
Party waived attorney-client privilege ‘forever’
Published: April 19, 2012
Tags: attorney-client privilege
A defendant in an intellectual property dispute permanently waived his attorney-client privilege with respect to documents that he voluntarily disclosed to the federal government in a criminal investigation, the 9th Circuit has ruled in upholding a discovery order.
Employee statements concerning accident privileged
Published: March 21, 2012
Tags: attorney-client privilege, negligence
A personal injury defendant could not be required to disclose redacted summaries of interviews with its employees that were prepared by an accident investigator at the direction of the employer’s attorneys, the Arizona Court of Appeals has ruled in reversing a discovery order.
Firm needn’t disclose documents regarding malpractice
Published: March 7, 2012
Tags: attorney-client privilege, legal malpractice, work product doctrine
A law firm was not required to disclose communications between its attorneys and outside counsel relating to a client’s allegations of legal malpractice, the Illinois Appellate Court has ruled in reversing a discovery order.
ABA urges Congress to set CFPB privilege standard
Published: February 28, 2012
Tags: American Bar Association, attorney-client privilege, Consumer Financial Protection Bureau, federal angencies, financial protection
WASHINGTON – The American Bar Association is urging Congressional lawmakers to adopt legislation that would establish a standard for the treatment of privileged information by federal financial agencies, including the Consumer Financial Protection Bureau.
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.
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