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Guardian ad litem not covered by attorney-client privilege (access required)

Published: October 31, 2011

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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 (access required)

Published: July 1, 2011

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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 (access required)

Published: April 19, 2011

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For most lawyers, travel time can be a productive time to get some work done.

Federal claimant must detail fee request (access required)

Published: April 8, 2011

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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 (access required)

By: Pat Murphy
Published: March 31, 2011

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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 (access required)

By: Pat Murphy
Published: March 22, 2011

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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 (access required)

By: Pat Murphy
Published: January 19, 2011

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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 (access required)

By: Sylvia Hsieh
Published: November 3, 2010

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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’ (access required)

By: Pat Murphy
Published: September 30, 2010

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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 (access required)

By: Pat Murphy
Published: July 9, 2010

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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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