Attorney-client privilege

• Author: Joseph A. Ranney
• Pages: 93-110

ATTORNEY-CLIENT PRIVILEGE

4-1

CHAPTER 4

ATTORNEYCLIENT PRIVILEGE

I. APPLICATION OF ATTORNEYCLIENT PRIVILEGE IN GENERAL

§4:01 Nature and Purpose of the Attorney-Client Privilege

§4:02 Statements Made Before the Client Retains the Lawyer

§4:03 Statements Not Related to the Legal Matter at Hand

§4:04 Statements Made by the Lawyer to the Client

§4:05 Facts Disclosed by a Client

§4:06 Facts Concerning the Attorney-Client Relationship Itself

[§§4:07-4:09 Reserved]

II. APPLICATION OF ATTORNEYCLIENT PRIVILEGE TO COMMUNICATIONS

WITH CORPORATE CLIENTS AND COMPANY EMPLOYEES

§4:10 The Subject Matter and Control Group Tests

§4:11 Other Issues

[§§4:12-4:19 Reserved]

III. DERIVATIVE ATTORNEYCLIENT PRIVILEGE

§4:20 Communications With Persons Employed by an Attorney to Assist With the Case

§4:21 Persons Present to Assist the Client

§4:22 The Joint Defense Privilege

[§§4:23-4:29 Reserved]

IV. EXCEPTIONS TO AND WAIVER OF ATTORNEYCLIENT PRIVILEGE

§4:30 Fiduciary Exception

§4:31 Crime and Fraud Exception

§4:32 When Is the Privilege Waived?

§4:33 Is the Privilege Waived for “Hacked” E-mails and Documents?

[§§4:34-4:39 Reserved]

V. ASSERTING THE ATTORNEYCLIENT PRIVILEGE

§4:40 Asserting the Privilege During a Deposition

§4:41 Should You Make a “Blanket” Assertion of Privilege?

§4:42 Who May Assert the Attorney-Client Privilege?

VI. FORMS AND CHECKLISTS

Form 4-1 Checklist: When the Attorney-Client Privilege Does and Does Not Apply

ATTORNEY-CLIENT PRIVILEGE

(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)