Attorney Client Privilege - 2121 Words

The interesting part of the two matters I will be addressing here is that an individual almost has to know prior to a suit being filed that litigation may occur. Discussions and written matter, all correspondence, emails and documents exchanged between parties should be prepared with a thought to potential litigation. Attorney Client Privilege and the Work Product Doctrine are two separate and distinct issues and should be treated within the legal world as separate disclosures. Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court†¦show more content†¦Prior to a corporation or its employees taking action, it usually requires an informed legal advice. Legal direction may be either taken or dismissed; the point is that in order to provide an informed decision counsel and its direct reports are provided with confidential information. Counsel reviews the confidential information and provides an opinion on the issue. This opinion may or may not support the legality of a matter and the company may or may not act because of the information provided, however, the confidentiality of the initial information provided, the attorney’s thought process, as well as all reasoning associated with this process needed to be retained as confidential. Particularly when a corporation has in-house counsel, counsel may wear two hats. Not only is the counsel required to provide legal information, some with expert business sense, is asked to provide operational and directional advice. Corporate counsel usually holds more than one title; (in addition to those of General Counsel, Corporate Counsel, Associate Corporate Counsel, etc.) they may also hold the title of an Officer of the company (e.g. Executive Vice President, Senior Vice President, Vice President, Secretary, etc.) Counsel needs to be able to separate these titles to ensure that the General Counsel’s Work Product andShow MoreRelatedClient Attorney Privilege : The Code Of Silence940 Words   |  4 Pages Client attorney privilege is describes the code of silence that is a legally recognized right of the client to tell his attorney anything and the attorney will can not disclose this privileged communication. However, in some cases it s sad that you as the attorney have to refer to the code of silence in order not to be disbarred. I know I would want to give that mother of the five years boy some closure and stop the argany with the hopes that her five year old is still alive. I also understandRead More The Attorney-Client Privilege2235 Words   |  9 PagesMichmerhuizen the Attorney-Client Privilege means â€Å"The concepts of lawyer confidentiality and Attorney-Client Privilege both concern information that the lawyer must keep private and are protective of the client’s ability to confide freely in his or her lawyer † (1). I firmly believe that the Attorney-Client Privilege should not be abolished because it would be changing something our nation has been exposed to for so long, helps build a good relationship between client and attorney, and is most importantlyRead MoreAttorney Client Privilege And Confidentiality1192 Words   |  5 Pages Alton Logan Case: Attorney-Client Privilege and Confidentiality Samantha Naylor Kaplan University 7/27/15 â€Æ' Alton Logan: Attorney-Client Privilege and Confidentiality In 1982, Alton Logan was charged and sentenced to life in prison for the first-degree murder of a McDonald’s security guard in Illinois after three witnesses identified him despite the fact that several family members gave testimonies stating that Logan was home in the bed when the murder occurred (CBSNews, 2008). Around the sameRead MoreCase Analysis : Attorney Client Communication1529 Words   |  7 PagesMEMORANDUM ATTORNEY-CLIENT COMMUNICATION ATTORNEY WORK PRODUCT TO: Ted Becker FROM: David F. Waserstein DATE: October 16th, 2016 RE: Risk of Exposing Non-Testifying Consulting Expert ([Party X]) to Discovery or Deposition in [Party Y] Case INTRODUCTION According to Fed. R. Civ. P. 26(b)(4)(D), a plaintiff cannot discover the facts known, or opinions held by an expert if: (1) the expert was retained in anticipation of litigation; (2) defendant does not intend to call a representative of theRead MoreEthical Dilemmas Of Attorney Client Privilege1157 Words   |  5 Pagesact. Attorneys come into contact daily which involves the attorney-client relationships. The attorney-client privilege is a legal privilege that works to keep communications between a lawyer and his/her client secret (silence is golden). The privilege is a legal doctrine that protects confidential information, the contents and actions related to the privileged communication must preserve the integrity of the attorney-client privilege. This paper presents the ethical dilemmas of the attorney-clientRead MoreParalegal Proffesional and Ethics Debate Post 11199 Words   |  5 Pagesparalegal and the skills necessary to be a paralegal. Why are these skills important? Are paralegals able to represent clients? What is attorney-client privilege and how does this relate to the role of a paralegal? Summarize the Biblical Model as presented by Professor Bern. Post: The role of the paralegal: I would say that the role of a paralegal is primarily to assist an attorney, law office, or government agency. But there can be other roles as well that are less common, such as but not limitedRead MoreEthical Dilemmas Of Attorney Client Privilege1153 Words   |  5 Pagesact. Attorneys come into contact daily which involves the attorney-client relationships. The attorney-client privilege is a legal privilege that works to keep communications between a lawyer and his/her client secret (silence is golden). The privilege is a legal doctrine that protects confidential information, the contents and actions related to the privileged communication must preserve the integrity of the attorney-client privilege. This paper presents the ethical dilemmas of the attorney-clientRead MoreThe Complexity And National Significance Of The D.c1174 Words   |  5 Pageslandscape of federal administrative law and federal anti-corruption law. Part III: The Attorney-Client Privilege Testifying in Congress during a 1973 hearing on the then-pending Federal Rules of Evidence, Associate Justice Arthur Goldberg of the United States Supreme Court remarked that privilege law â€Å"is the concern of the public at large, [involving, such crucial relationships as that] between lawyer and client, a privilege that long antedates the adoption of our constitution. [It] relate[s] to the fundamentalRead MoreCase Ethics And Personal Ethics1387 Words   |  6 Pages Attorney Ethics Amberjean M. Gallagher St. Leo University January 28, 2016 Author Note Amberjean Marie Gallagher, Virginia Beach, Virginia No noted changes in affiliation. There were no grants or other financial support for my study. No other colleagues assisted in conducting research and development of this paper. Correspondence concerning this paper should be addressed to Amberjean Marie Gallagher, 1616 Quail Point Rd, Virginia Beach, VA, 23454 E-mail: amberjean.gallagher@emailRead MoreStephen assignment draft Essay830 Words   |  4 PagesMEMORANDUM From: Stephen Haas To: Reader Date: July 8, 2011 Re: Divulging Confidential Information About our client Ener G. Traidor Relevant Facts Our client, Ener G. Traidor (â€Å"Traidor†), has retained our firm to assist with his acquisition of an oil drilling company. During the course of the representation, we discovered that Traidor’s plans involved drilling in a manner than could produce dangerous results for a nearby town’s water supply. We have presented Traidor our concerns about the impact