The judge, Colonel Vance Spath of the Air Force, suspended pretrial hearings in the death penalty case against the detainee, a Saudi named Abd Al Rahim Al Nashiri, after nearly the entire defence team quit late last year in a dispute over whether their attorney-client communications
were subject to monitoring.
According to the court, in order to compel disclosure of attorney-client communications
in cases such as this, there is not only the requirement that one allege a bad faith refusal of an insurer to pay the valid claim of its insured, but also that a prima facie case of bad faith refusal be shown.
159) The rule seeks to "provide a predictable, uniform set of standards" for determining the results of disclosures of attorney-client communications
Such inter-employee discussions create the potential for a business entity to inadvertently waive privilege by disclosing attorney-client communications
Privilege and the Work Product Doctrine Information normally considered to be protected from discovery includes attorney-client communications
and documents created by (or for) the attorney in preparation for litigation.
The attorney-client privilege under common law is a narrower rule protecting confidential attorney-client communications
made to secure legal advice from subsequent discovery or use by opposing counsel at trial.
Without the privilege, trustees might be inclined to forsake legal advice, thus adversely affecting the trust, as disappointed beneficiaries could later pore over the attorney-client communications
in second-guessing the trustee's actions.
The disclosure of attorney-client communications
will waive the attorney-client privilege.
The Attorney-Client Privilege Task Force is making a recommendation to allow greater protection to attorney-client communications
and attorney work product for all public agencies.
In order to request privileged attorney-client communications
, a prosecutor must obtain approval directly from a deputy attorney general.
This will enable the public to have access to pertinent information relating to settlement proposals while protecting the detailed legal analysis and strategies of the county's attorneys and avoiding adverse consequences which could result from public disclosure of such attorney-client communications
," Fortner wrote.
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.
Lawyers for the BPU responded Tuesday that the document should be protected by rules usually protecting attorney-client communications
against being made public.
In copyright infringement case against German media conglomerate, Ninth Circuit rules that, in civil case in which party seeks outright disclosure of attorney-client communications
under crime-fraud exception: (1) both parties have right to present evidence to district court, and (2) party seeking disclosure must prove by preponderance of evidence that exception applies; and (3) on facts of this case, Plaintiffs have not established crime-fraud exception
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