Download or read book New Insights on Waiver and the Inadvertent Disclosure of Privileged Materials written by Audrey Rogers and published by . This book was released on 2009 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article focuses on the attorney's legal and ethical responsibilities to the client and analyzes the three tests of waiver the courts use in terms of their impact on promoting attorney responsibility. Part One describes the current caselaw governing inadvertent disclosure. It also describes the American Bar Association's (ABA) first formal ethical opinion on inadvertently disclosed information that appears to advocate a variation of the subjective intent test by creating a presumption against waiver that must be overcome by the receiving attorney. The opinion takes this position by stressing the forwarding attorney's property rights in the document. Part Two discusses the attorney-client privilege and its analytic counterpart, the ethical duty of maintaining confidentiality, identifies the goals of each and the tension that has developed between them, and how they may be reconciled. Part Three analyzes each test from an attorney responsibility perspective and concludes that the reasonable precautions test best serves the client's interests, and therefore has systemic benefits, by properly forcing the attorney to bear the risks of inadvertent disclosure. It reconciles the ABA opinion with this conclusion by making two suggestions. First, to the extent that one views the ABA opinion as adopting the subjective intent test, the opinion should be limited to its facts-the instance of a single, errant disclosure, rather than applying it to the far more common occurrence of the inadvertent disclosures taking place within a complex litigation with massive document productions. Second, the Article demonstrates that the ABA opinion, with its emphasis on property rights, in fact, endorses a reasonable precautions test.
Download or read book Practitioner s Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Inadvertent Waiver of the Attorney Client Privilege by Disclosure of Documents written by Alan J. Meese and published by . This book was released on 2014 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines and ...
Download or read book Florida Law Review written by and published by . This book was released on 2008 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Download or read book The Army Lawyer written by and published by . This book was released on 1996 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence written by Paul F. Rothstein and published by LexisNexis/Matthew Bender. This book was released on 2006 with total page 1162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defense Law Journal written by and published by . This book was released on 2004 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Annotated Model Rules of Professional Conduct written by Ellen J. Bennett and published by . This book was released on 2015 with total page 821 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The eighth edition of the Annotated Model Rules of Professional Conduct presents an authoritative and practical analysis of the lawyer ethics rules and the cases, ethics opinions, and other legal authorities essential to understanding them. The Model Rules of Professional Conduct were adopted by the ABA in 1983 and have been amended numerous times since. This new edition of the Annotated Model Rules of Professional Conduct represents a major refinement of previous editions. It takes into account all amendments through February 2013, as well as the American Law Institute's Restatement (Third) of the Law Governing Lawyers (2000)"--Acknowledgments.
Download or read book New Mexico Law Review written by and published by . This book was released on 2011 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advances in Patient Safety written by Kerm Henriksen and published by . This book was released on 2005 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: v. 1. Research findings -- v. 2. Concepts and methodology -- v. 3. Implementation issues -- v. 4. Programs, tools and products.
Download or read book The Sedona Principles written by Jonathan M. Redgrave and published by Pike & Fischer - A BNA Company. This book was released on 2007 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium Issue of The Professional Lawyer written by and published by . This book was released on 1999 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reports of Selected Cases Decided in Courts of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court written by New York (State). Courts and published by . This book was released on 2011 with total page 1130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium written by and published by . This book was released on 2007 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
