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Privilege & Work Product

The Attorney-Client Privilege in the Age of Email ProliferationBlogHow does email fit into the Attorney-Client Privilege picture?  A recent decision by the Massachusetts Supreme Judicial Court offers a cautionary tale.

Upon Reconsideration: The Value of Refining Your Claims of Attorney-Client PrivilegeBlogThe electronic world in which today's lawyers toil has both dramatically increased the volume of documents (read: emails) that must be reviewed and produced to the other side, and provided nifty platforms and systems for speeding up the review and production process. Today's lawyers can move through hundreds of thousands....

Appeals Court Rejects Bright Lines, But Offers Clarity on Law Firm PrivilegeBlogSometimes the law firm is the client. But when it seeks advice from its own in-house general counsel or from outside counsel in connection with a malpractice claim, the law firm may have more trouble than others in protecting its privileged communications.

Disclosure of Privileged Information Waived by Disclosure to Insurance BrokerBlogWhich is stronger, the attorney client privilege or work product protection? Many would say that attorney-client privilege is more secure and easier to defend than work-product because the privilege is absolute.

Court Recognizes that Firm’s Privilege Protects Communications with Counsel About Malpractice Claim BlogIn a recent decision, the Appellate Court of Illinois held that a law firm’s attorney-client privilege protects its communications with its own in-house and outside counsel related to a malpractice claim threatened by the firm’s former client, even though the communications took place while the law firm still represented the client.

Federal Circuit Declines to Adopt Settlement Negotiation PrivilegeBlogAlthough litigants sometimes assert that settlement negotiations are privileged under Rule 408 of the Federal Rules of Evidence, the Rule creates no such privilege.

The Community-of-Interest Privilege: You Have to Walk the Walk, Not Just Talk the TalkBlogA recent decision by the Eastern District of Pennsylvania stands as a reminder that entering into a joint defense agreement is not, in and of itself, sufficient to cloak communications between two parties with the protection of the community-of-interest privilege. Instead, parties must engage in a joint, coordinated, and ongoing shared legal strategy with one another for the privilege to apply.

Weighing the Attorney-Client Privilege Against the Protection of Abused ChildrenBlogIn an October 24, 2011, decision, the Colorado Supreme Court held that the guardian ad litem for a minor child may testify in a criminal case against the child’s accused abuser concerning the child’s statements to the guardian, even over the child’s objection that the testimony should be excluded on the basis of the child’s attorney-client privilege.

Lawyer and Client Each Fined $33,780 for Breach of Protective OrderBlogGoulston & Storrs attorney, Richard Rosensweig, authors a blog post on Professional Liability.

Legal OnRamp Blog - United States v. Deloitte LLP: The D.C. Circuit Loosens the Textron StraitjacketBlogGoulston & Storrs attorney, Richard Zielinski, authored a blog post on professional liability.
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