Attorney-Client Privilege - Revision history

Ibjadmin: /* Additional Country Resources */

2016-11-07T11:21:34Z

Additional Country Resources

← Older revision		Revision as of 13:21, 7 November 2016
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	===Additional Country Resources===		===Additional Country Resources===

	~~A broad selection of articles regarding attorney-client privilege by country is available [http://www.lexmundi.com/lexmundi/AttyClient_Privilege_List.asp?SnID=2 here].~~

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Eric.n.feldman: /* United States */

2010-08-20T18:45:29Z

United States

← Older revision		Revision as of 20:45, 20 August 2010
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	In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." <ref>[[Federal Rules of Evidence - Rule 501. General Rule]]</ref> The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege. <ref>[[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver]]</ref>		In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." <ref>[[Federal Rules of Evidence - Rule 501. General Rule]]</ref> The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege. <ref>[[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver]]</ref>

	However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.		However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found [http://www.enotes.com/everyday-law-encyclopedia/attorney-client-privilege here].

	===Additional Country Resources===		===Additional Country Resources===

Eric.n.feldman: /* Elements of the Attorney-Client Privilege */

2010-08-20T18:43:23Z

Elements of the Attorney-Client Privilege

← Older revision		Revision as of 20:43, 20 August 2010
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	*'''Death or Substantial Bodily Harm''' - The defense attorney may be required to disclose communications if doing so would prevent reasonably certain death or substantial bodily harm.		*'''Death or Substantial Bodily Harm''' - The defense attorney may be required to disclose communications if doing so would prevent reasonably certain death or substantial bodily harm.

	*'''~~Crime or~~ Fraud''' - The defense attorney may be required to disclose communication if defendant is using the defense attorney's advice to commit a future crime substantially certain to result in substantial economic injury.		*'''Fraud''' - The defense attorney may be required to disclose communication if defendant is using the defense attorney's advice to commit a future crime substantially certain to result in substantial economic injury.

	*'''Mitigation or Repair''' - The defense attorney may be required to disclose confidential communication if doing so would mitigate or rectify ongoing economic injury and the client is using defense attorney's services to further the harm.		*'''Mitigation or Repair''' - The defense attorney may be required to disclose confidential communication if doing so would mitigate or rectify ongoing economic injury and the client is using defense attorney's services to further the harm.
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	*'''Non-legal Capacity''' - When an attorney is not acting primarily as an attorney, but, for instance as a business advisor or member of a Board of Directors, then the attorney-client privilege does not apply.		*'''Non-legal Capacity''' - When an attorney is not acting primarily as an attorney, but, for instance as a business advisor or member of a Board of Directors, then the attorney-client privilege does not apply.


	==Duties to Former Clients==		==Duties to Former Clients==

Ibjadmin: /* Additional Country Resources */

2010-08-20T08:42:11Z

Additional Country Resources

← Older revision		Revision as of 10:42, 20 August 2010
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	See [[Ethics and Professional Responsibility]]		See [[Evidence]], [[Ethics and Professional Responsibility]]

	==Notes==		==Notes==

	<references/>		<references/>

Ibjadmin: /* Additional Country Resources */

2010-08-20T08:38:37Z

Additional Country Resources

← Older revision		Revision as of 10:38, 20 August 2010
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	A broad selection of articles regarding attorney-client privilege by country is available [http://www.lexmundi.com/lexmundi/AttyClient_Privilege_List.asp?SnID=2 here].		A broad selection of articles regarding attorney-client privilege by country is available [http://www.lexmundi.com/lexmundi/AttyClient_Privilege_List.asp?SnID=2 here].

			----
			See [[Ethics and Professional Responsibility]]

	==Notes==		==Notes==

	<references/>		<references/>

Ibjadmin: /* Duties to Former Clients */

2010-08-20T08:34:47Z

Duties to Former Clients

← Older revision		Revision as of 10:34, 20 August 2010
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	==Duties to Former Clients==		==Duties to Former Clients==

	The duty of confidential communication continues beyond the attorney-client relationship. The same duties apply to former clients as do to current clients. An attorney should not take a case where doing so would create a conflict of interest with the former client. A conflict would arise if the defense attorney represented another client on the same or a substantially related matter in which the clients interest is materially adverse to interest of former client. A former client may waive the conflict through informed, written consent.		The duty of confidential communication continues beyond the attorney-client relationship. The same duties apply to former clients as do to current clients. An attorney should not take a case where doing so would create a conflict of interest with the former client. A conflict would arise if the defense attorney represented another client on the same or a substantially related matter in which the clients interest is materially adverse to interest of former client. A former client may waive the conflict through informed, written consent.


	==Examples==		==Examples==

Ibjadmin: /* Additional Country Resources */

2010-08-20T08:34:37Z

Additional Country Resources

← Older revision		Revision as of 10:34, 20 August 2010
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	===Additional Country Resources===		===Additional Country Resources===

	A broad selection of articles regarding attorney-client privilege by country is available here.		A broad selection of articles regarding attorney-client privilege by country is available [http://www.lexmundi.com/lexmundi/AttyClient_Privilege_List.asp?SnID=2 here].

	==Notes==		==Notes==

	<references/>		<references/>

Ibjadmin: /* United States */

2010-08-20T08:33:13Z

United States

← Older revision		Revision as of 10:33, 20 August 2010
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	In U.S. practice, the attorney-client privilege is one of the oldest recognized privileges for confidential communications.<ref>Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998)</ref> The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.<ref>Upjohn Co. v. United States, 449 U.S. 383, 389 (1981)</ref> The attorney-client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial. The American Bar Association has referred to attorney-client privilege as "the bedrock of the client's constitutionally based right to effective assistance of counsel." <ref>Answers to Questions about the Attorney Client Privilege, ABAnet.org, available at http://www.abanet.org/media/issues/acprivilegeqa.html</ref>		In U.S. practice, the attorney-client privilege is one of the oldest recognized privileges for confidential communications.<ref>Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998)</ref> The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.<ref>Upjohn Co. v. United States, 449 U.S. 383, 389 (1981)</ref> The attorney-client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial. The American Bar Association has referred to attorney-client privilege as "the bedrock of the client's constitutionally based right to effective assistance of counsel." <ref>Answers to Questions about the Attorney Client Privilege, ABAnet.org, available at http://www.abanet.org/media/issues/acprivilegeqa.html</ref>

	In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." <ref>[[Federal Rules of Evidence - Rule 501. General Rule]]</ref> The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege.		In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." <ref>[[Federal Rules of Evidence - Rule 501. General Rule]]</ref> The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege. <ref>[[Federal Rules of Evidence - Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver]]</ref>

	However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.		However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.

Ibjadmin: /* United States */

2010-08-20T08:32:42Z

United States

← Older revision		Revision as of 10:32, 20 August 2010
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	In U.S. practice, the attorney-client privilege is one of the oldest recognized privileges for confidential communications.<ref>Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998)</ref> The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.<ref>Upjohn Co. v. United States, 449 U.S. 383, 389 (1981)</ref> The attorney-client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial. The American Bar Association has referred to attorney-client privilege as "the bedrock of the client's constitutionally based right to effective assistance of counsel." <ref>Answers to Questions about the Attorney Client Privilege, ABAnet.org, available at http://www.abanet.org/media/issues/acprivilegeqa.html</ref>		In U.S. practice, the attorney-client privilege is one of the oldest recognized privileges for confidential communications.<ref>Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998)</ref> The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.<ref>Upjohn Co. v. United States, 449 U.S. 383, 389 (1981)</ref> The attorney-client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial. The American Bar Association has referred to attorney-client privilege as "the bedrock of the client's constitutionally based right to effective assistance of counsel." <ref>Answers to Questions about the Attorney Client Privilege, ABAnet.org, available at http://www.abanet.org/media/issues/acprivilegeqa.html</ref>

	In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege.		In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." <ref>[[Federal Rules of Evidence - Rule 501. General Rule]]</ref> The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege.

	However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.		However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.

Ibjadmin: /* United States */

2010-08-20T08:32:01Z

United States

← Older revision		Revision as of 10:32, 20 August 2010
Line 47:		Line 47:
	In U.S. practice, the attorney-client privilege is one of the oldest recognized privileges for confidential communications.<ref>Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998)</ref> The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.<ref>Upjohn Co. v. United States, 449 U.S. 383, 389 (1981)</ref> The attorney-client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial. The American Bar Association has referred to attorney-client privilege as "the bedrock of the client's constitutionally based right to effective assistance of counsel." <ref>Answers to Questions about the Attorney Client Privilege, ABAnet.org, available at http://www.abanet.org/media/issues/acprivilegeqa.html</ref>		In U.S. practice, the attorney-client privilege is one of the oldest recognized privileges for confidential communications.<ref>Swidler & Berlin v. United States, 524 U.S. 399, 403 (1998)</ref> The United States Supreme Court has stated that by assuring confidentiality, the privilege encourages clients to make "full and frank" disclosures to their attorneys, who are then better able to provide candid advice and effective representation.<ref>Upjohn Co. v. United States, 449 U.S. 383, 389 (1981)</ref> The attorney-client privilege may be raised at any time during criminal proceedings, pre-trial, during trial or post-trial. The American Bar Association has referred to attorney-client privilege as "the bedrock of the client's constitutionally based right to effective assistance of counsel." <ref>Answers to Questions about the Attorney Client Privilege, ABAnet.org, available at http://www.abanet.org/media/issues/acprivilegeqa.html</ref>

	In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]] Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege.		In the United States, the rules of evidence for proceedings before federal courts, including "the courts of the United States, and before United States bankruptcy judges and United States magistrate judges" are governed by the Federal Rules of Evidence.<ref>[[Federal Rules of Evidence - Rule 101. Scope]]</ref> Rule 501 of the Federal Rules of Evidence provides that unless otherwise provided for by the Constitution or federal statute, "the privilege of a witness, person, government, State, or political subdivision thereof shall be governed by the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience." The principles of federal common law that govern attorney-client privilege are substantially similar to the common elements discussed above in section 2. The Federal Rules of Evidence also codifies the rule that inadvertent disclosure of confidential information will not, in and of itself, waive attorney-client privilege.

	However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.		However, in civil cases where state law governs the elements of a defense or claim, the state law also governs privileges. Individual state's court rules, case law and legislation will each have a nuanced approach to the application of attorney-client privilege. A sample of individual state court decisions based at least in part on their own state's court rules, case law and legislation can be found here.