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Note that these confidentiality requirements overlap with but are distinct from evidentiary rules of attorney-client privilege. [ citation needed ] 1.7-1.11: Conflicts of Interest , including restrictions on attorneys arising from current clients, [ 9 ] [ 10 ] former clients, [ 11 ] prior work as a government employee or judge , [ 12 ] [ 13 ...
Attorney–client privilege or lawyer–client privilege is the common law doctrine of legal professional privilege in the United States. Attorney–client privilege is "[a] client's right to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and the attorney." [1] The attorney ...
Attorney–client privilege is a legal concept that protects communications between a client and his or her attorney and keeps the communications confidential in both civil and criminal cases. The privilege encourages open and honest communication between clients and attorneys.
One well-known privilege is the solicitor–client privilege, referred to as the attorney–client privilege in the United States and as the legal professional privilege in Australia. This protects confidential communications between a client and his or her legal adviser for the dominant purpose of legal advice. [1]
The joint defense privilege, or common-interest rule, is an extension of attorney–client privilege. [1] Under "common interest" or "joint defense" doctrine, parties with shared interest in actual or potential litigation against a common adversary may share privileged information without waiving their right to assert attorney–client privilege. [2]
The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
A privilege log is a document that describes documents or other items withheld from production in a civil lawsuit under a claim that the documents are "privileged" from disclosure due to the attorney–client privilege, work product doctrine, joint defense doctrine, or some other privilege. Rule 26(b)(5)(A) of the Federal Rules of Civil ...
The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers communications between the attorney and the client. [1] Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases.
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