C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.12 (6th ed. Wolters Kluwer 2018)
6 Pages Posted: 2 Nov 2018
Date Written: 2018
This article addresses what is a “communication” for purposes of the attorney-client privilege. It notes that observations, as distinguished from communications, are generally not privileged, but that when observations are a form of confidential communication they are privileged. The article discusses the trend toward a two-way privilege that covers communications from the lawyer to the client as well as from the client to the lawyer.
Keywords: : attorney-client privilege, privileged communications, communications from lawyer, lawyer’s observations, scope of privileged communications
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