Some require there to be probable cause or a reasonable basis to suspect or believe that the client was committing or intending to commit a crime or fraud and that the attorney-client communications
were used in furtherance of the alleged crime or fraud.
159) The rule seeks to "provide a predictable, uniform set of standards" for determining the results of disclosures of attorney-client communications
Traditionally, attorney-client communications
are directly between the client and the attorney and without any intermediary.
Because these decisions held that the attorney does not have an attorney-client relationship with beneficiaries, it would seem to follow that a beneficiary does not have access to attorney-client communications
with the trustee.
179) New York State's high regard for the confidential nature of attorney-client communications
is evidenced by the disciplinary sanctions imposed upon an attorney who destroys the secrecy of the communication by violating either the duty of confidentiality or the evidentiary attorney-client privilege.
The Department of Justice, according to a 2003 memorandum, (8) currently regards a corporation's efforts to protect attorney-client communications
and attorney work product as an unwillingness to cooperate which, of course, will adversely affect the corporation should it have to negotiate a plea.
A simple way to avoid that is for authors of potentially privileged attorney-client communications
to make some reference at the top of the e-mail to that fact: "ATTORNEY-CLIENT COMMUNICATION
Upon what authority did the government rely in determining that it could monitor undisputed attorney-client communications
in May 2000?
No doubt anticipating sharp criticism from bar associations that it has exceeded Congress's mandate and is playing fast and loose with the sanctity of privileged attorney-client communications
, the SEC also has proposed an "alternative system" to noisy withdrawals.
Scott Simon, Note, Searching for Confidentiality in Cyberspace: Responsible Use of E-mail for Attorney-Client Communications
, 20 U.
It also said it is necessary to clarify the protection of attorney-client communications
and to facilitate the gathering of evidence in Japan for use in foreign litigation.
Thus, some ad hoc governmental intrusions could constitute invasions of Sixth Amendment privacy if an accused or his counsel were aware that their attorney-client privacy had been invaded during attorney-client communications
They expressed no opinion on the use of cellular and cordless telephones in attorney-client communications
, noting that "authority is divided as to whether users have a reasonable expectation of privacy" in their phone conversations.
For years accountants have argued that nonattorney tax preparers' communications with their clients should be protected by the same privilege that applies to attorney-client communications
There is a general belief in the legal profession that the benefits of protecting attorney-client communications
outweigh any adverse consequences when attorneys are not required to disclose their knowledge of unasserted claims that often cannot be revealed by other audit procedures.