§5.12 Communication

C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.12 (6th ed. Wolters Kluwer 2018)

GWU Law School Public Law Research Paper No. 2018-61

GWU Legal Studies Research Paper No. 2018-61

6 Pages Posted: 2 Nov 2018

See all articles by Christopher B. Mueller

Christopher B. Mueller

University of Colorado Law School

Laird C. Kirkpatrick

George Washington University - Law School

Liesa Richter

University of Oklahoma - College of Law

Date Written: 2018

Abstract

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

Suggested Citation

Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §5.12 Communication (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §5.12 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-61; GWU Legal Studies Research Paper No. 2018-61. Available at SSRN: https://ssrn.com/abstract=3276982 or http://dx.doi.org/10.2139/ssrn.3276982

Christopher B. Mueller

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Laird C. Kirkpatrick (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Liesa Richter

University of Oklahoma - College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States

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