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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]
Case history; Prior: United States v. Upjohn Co., 600 F.2d 1223 (6th Cir. 1979); cert. granted, 445 U.S. 925 (1980). Holding (1) District Court's test, of availability of attorney–client privilege, was objectionable as it restricted availability of privilege to those corporate officers who played “substantial role” in deciding and directing corporation's legal response; (2) where ...
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
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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.
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 Court agreed with the Court of Appeals, that the third prong of the Cohen requirements is not met, because there are adequate remedies available upon an appeal from a final judgment where there was a discovery order adverse to attorney–client privilege. Although the Court acknowledged the importance of the attorney–client privilege, it ...
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]
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