Did Slick Boink Monica? Message Board

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Politics : Did Slick Boink Monica?

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To: jhild who wrote (9692)	3/4/1998 4:17:00 PM
From: Triluminary	Read Replies (3) of 20981

"Conversations with attorneys representing your interests have traditionally been considered privileged." Perhaps the ABA should consult our resident expert jhild for all future attorney-client privilege cases... The issue of the attorney-client privilege is ubiquitous in contemporary American litigation. Seemingly simple and straight forward, in application the attorney-client privilege arises in every imaginable situation with all possible permutations. There is no discovery dispute that courts are more frequently called upon to decide. Few issues arise with greater frequency in civil litigation than whether a document is privileged from compelled disclosure by virtue of the attorney-client privilege. All documents produced by each side must necessarily be examined to determine whether some should not be voluntarily produced because subject to the privilege. Attorneys are required to assert the privilege to protect documents from the compelled disclosure of litigation discovery. The attempt is not always successful. Negligence may intervene and with it the specter of liability for the attorney. Or the privilege will not be sustained because all the prerequisites for an intact privilege are missing. In the criminal context what was once an extreme rarity has proliferated: subpoenas issued by prosecutors to criminal defense attorneys to come and tell a grand jury some details of a representation of a criminal client. The privilege does not protect everything that attorneys seek to garb in its protective cloak. Compelled disclosure in the litigation context is far more frequent than many an attorney realizes. Knowing well the parameters of the privilege may, with advance planning, allow an attorney with foresight to protect what would otherwise have to be disclosed. Knowing the limits of the privilege well will permit the resourceful attorney to discover and thereby uncover what an opponent seeks to keep hidden. -- abanet.org Looks to me like it is not so clear cut.

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