Attorney-Client Privilege — Ten Important Cases Handed Down in Roughly the Past Year
G. Michael Fenner
Creighton University School of Law
March 1, 2012
Nebraska Lawyer, March/April 2012
This piece is about ten important attorney-client privilege cases from roughly the past year. The cases involve the following: (1) client’s communications made in the presence of a documentary filmmaker’s camera crew; (2) client’s chat-room discussion of her attorney’s strategy; (3) client’s e-communications with her attorney using her company-issued computer; (4) counsel’s sending privileged material to a court-appointed expert; (5) erroneous denial of the privilege regarding evidence relevant only to a count regarding which the accused was found not guilty and not relevant to counts regarding which he was found guilty; (6) attorney’s representation of two clients in a matter of common interest; (7) corporate communications to in-house counsel who, it was discovered, was not licensed to practice law; (8) client’s action for alleged tortious invasion of the attorney-client privilege; (9) an Indian Tribe’s failure to file a privilege report pending resolution of its claim of sovereign immunity; and, (10) a decision from the European Court of Justice regarding communications between a corporation and in-house counsel in the E.U. (and the ramifications of this decision for American lawyers who practice in the E.U., represent American companies with offices in the E.U., represent American companies that end up in litigation in the E.U., and represent E.U. companies that end up in court in the United States).
Number of Pages in PDF File: 4
Keywords: attorney-client privilege
Date posted: April 2, 2012
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