Federal Rules on Attorney Client Privilege

Federal Rules on Attorney Client Privilege

The attorney-client privilege is one of the most sacred professional relationships in the United States. Privileged information cannot be given out to third parties during discovery, which is a phase of a case before the trial begins in court. The privilege exists in order to foster trust between the attorney and the client. A client must be able to trust his attorney and not fear that the attorney will divulge certain information about him. This privilege also enables a client to be completely honest with his attorney. The attorney-client privilege is addressed in the Federal Rules of Civil Procedure and the Federal Rules of Evidence.

Federal Rules of Civil Procedure Rule 26(b)(3)(A)

    In general, information that is prepared for the purpose of a court case is not discoverable, which means that it cannot be turned over to the opposing party for her inspection. This includes information that is privileged that a client told her attorney. This applies to any documents that are created by a party, her attorney, or any agent of the party. This is not a complete protection from discovery, however, because this information can be disclosed if a judge determines that the other party absolutely must have the information to move forward with the case.

Federal Rules of Civil Procedure Rule 26(b)(3)(B)

    Another type of information that falls under the attorney-client privilege that is protected from discovery is the various thoughts and trial strategies of the attorney. This includes any information that a client tells her attorney during any meeting, especially if it helps the attorney create a trial strategy. This type of information, unlike the information in Rule 26(b)(3)(A), is absolutely protected from discovery.

Federal Rules of Evidence Rule 502

    According to the Federal Rules of Evidence, there are two specific types of attorney-client privileged information: "attorney-client privilege" information and "work-product" information. "Attorney-client privilege" information is what can be understood as the standard "confidential" information or communications. Any information that the client gives to an attorney must be kept secret. In fact, in most instances, it should be kept secret that an attorney is representing a particular person. The attorney should not disclose the facts of a case in such a way that another person could discern who the client is. There is also attorney "work-product," which is any information that results from an attorney's case preparation. This information cannot be divulged to others, particularly the opposing party. This information is virtually the same as the information described in Federal Rule of Civil Procedure Rule 26(b)(3)(B).



  • Rule 502. Attorney-Client Privilege and Work Product;

    www.law.cornell.edu/rules/fre/rule_502

    The following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the attorney-client privilege or work


  • Attorney-Client Privilege - Special Rule of Privilege in Criminal ...

    www.hg.org/article.asp?id=27306

    Attorney-Client Privilege - Special Rule of Privilege in Criminal Cases Provides Greater Protection to the Criminally Accused


  • Legalethics.com Attorney-client privilege

    www.legalethics.com/?cat=32

    California Formal Opinion 2010-179 outlines the lawyers duties when transmitting or storing confidential client information when the underlying technology may be ...


  • Attorney-Client Privilege in Bankruptcy Cases

    www.bankruptcylawnetwork.com/attorney-client-privilege-in...

    The attorney-client privilege is a rule of evidence which prevents a client from being forced to reveal the content of confidential communications with his or her ...


  • Federal Rules of Evidence Federal Rules of Evidence LII ...

    www.law.cornell.edu/rules/fre

    Effective Date and Application of Rules. Pub. L. 93595, 1, Jan. 2, 1975, 88 Stat. 1926, provided: That the following rules shall take effect on the one ...


  • Rule 26. Duty to Disclose; General Provisions Governing Discovery ...

    www.law.cornell.edu/rules/frcp/rule_26

    (a) Required Disclosures. (1) Initial Disclosure. (A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party ...


  • Attorneyclient privilege - Wikipedia, the free encyclopedia

    en.wikipedia.org/wiki/Attorney-client_privilege

    Attorneyclient privilege is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential.


  • attorney-client privilege legal definition of attorney-client ...

    legal-dictionary.thefreedictionary.com/Attorney-Client+Privilege

    In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client ...


  • ACCOUNTANTS, ATTORNEY-CLIENT PRIVILEGE, AND THE KOVEL RULE

    https://litigation-essentials.lexisnexis.com/webcd/app?action=...

    Abstract Under certain circumstances, a lawyer may shield a non-testifying accountant or other business expert under the Kovel rule. This rule extends the attorney ...


  • NOTE: THE ATTORNEY-CLIENT PRIVILEGE IN THE

    https://litigation-essentials.lexisnexis.com/webcd/app?action=...

    I. INTRODUCTION Courts have long protected the confidentiality of communications between attorney and client. 1 Courts believe that such communications must be


  • ATTORNEY-CLIENT PRIVILEGE evidence law civil discovery--

    california-discovery-law.com/attorney-client.htm

    CONTENTS. PURPOSE OF PRIVILEGE CONSTRUCTION BURDEN OF PROOF. Foundational Facts: party must testify as to foundational facts Preliminary Facts /

  • What the Attorney-Client Privilege Really Means

    www.sgrlaw.com/resources/trust_the_leaders/leaders_issues/ttl5/916

    What the Attorney-Client Privilege Really Means. How can a client feel secure from the potential risk of having sensitive information fall into the wrong hands?

  • The Attorney's Duty of Confidentiality & the Attorney Client ...

    www.cali.org/lesson/1202

    This lesson helps students distinguish between the two major rules that protect client confidentiality: the ethical duty of confidentiality and the evidentiary ...

  • The Attorney-Client Privilege and the Work Product Doctrine: A ...

    www.vacle.org/product.aspx?zpid=1063

    CHAPTER 1: OVERVIEW OF THE ATTORNEY-CLIENT PRIVILEGE 1.1 INTRODUCTION 1.2 TOPICS COVERED 1.201 Civil Litigation Issues 1.202 Freedom of Information Act

  • FOIA Update: OIP Guidance: The Attorney-Client Privilege

    www.justice.gov/oip/foia_updates/Vol_VI_2/page3.htm

    FOIA Update Vol. VI, No. 2 1985. OIP Guidance The Attorney-Client Privilege. Although it initially may seem peculiar to think of federal agencies as "clients"

  • Kevin Miller Discusses Delaware Attorney-Client Privilege Case

    seclawcenter.pli.edu/2010/...delaware-attorney-client-privilege-case

    The following guest post was drafted by Kevin Miller, a Partner in Alston & Bird's Corporate Transactions & Securities Group and Practice Center Contributor. Often ...

  • Attorney-Client Privilege Above the Law: A Legal Web Site ...

    abovethelaw.com/tag/attorney-client-privilege

    A Legal Tabloid - News, Insights, and Colorful Commentary on Law Firms and the Legal Profession Managing Editor: David Lat Editor: Elie Mystal Assistant Editor: Staci ...

  • Federal Rules of Evidence Federal Rules of Evidence LII ...

    www.law.cornell.edu/rules/fre

    Effective Date and Application of Rules. Pub. L. 93595, 1, Jan. 2, 1975, 88 Stat. 1926, provided: That the following rules shall take effect on the one ...

  • The new CPA-client confidentiality privilege. - Free Online Library

    www.thefreelibrary.com The Tax Adviser October 1, 1998

    Oct 01, 1998 The new CPA-client confidentiality privilege. The privilege of confidentiality for noncriminal Federal tax matters, formerly available only for ...

  • Attorney-client privilege: CPAs and the e-frontier; CPAs ...

    www.thefreelibrary.com Journal of Accountancy April 1, 2004

    Apr 01, 2004 Free Online Library: Attorney-client privilege: CPAs and the e-frontier; CPAs performing litigation support must be careful not to inadvertently waive ...

  • BREAKING NEWS: New Jersey: Attorney-Client Privilege (and

    ellblog.com/breaking-news-new-jersey-attorney-client-privilege-and...

    (See also: Fernando M. Pinguelo, New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made from Work ...

  • WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE - Welcome to

    www.wlf.org/upload/thornburgh.pdf PDF file

    WAIVER OF THE ATTORNEY-CLIENT PRIVILEGE: A BALANCED APPROACH by The Honorable Dick Thornburgh Kirkpatrick & Lockhart Nicholson Graham LLP Foreword

  • An Essential Guide to Attorney-Client Privilege and Work Product ...

    www.spencerfane.com/An-Essential-Guide-to-Attorney-Client...

    I. Introduction The attorney-client privilege is one of the cornerstones of the attorney-client relationship. Attorneys depend on the privilege to ensure full ...

You're reading an article about Federal Rules on Attorney Client Privilege and you can find articles Federal Rules on Attorney Client Privilege this is url https://mesotheliomalawy.blogspot.com/2013/09/federal-rules-on-attorney-client.html,you may spread or copy and paste it if the article Federal Rules on Attorney Client Privilege This is very beneficial to your friends, but do not forget to put the link Federal Rules on Attorney Client Privilege as the source.

0 komentar

Posting Komentar

Related Posts Plugin for WordPress, Blogger...