attorney-client privilege and the work-product doctrine in Michigan

  • 62 Pages
  • 0.52 MB
  • 7951 Downloads
  • English

Institute of Continuing Legal Education , Ann Arbor, Mich. (1020 Greene St., Ann Arbor 48109-1444)
Attorney and client -- Michigan., Confidential communications -- Lawyers -- Mich

Places

Mich

StatementLeonard M. Niehoff ... [et al.].
ContributionsNiehoff, Leonard M., Institute of Continuing Legal Education (Mich.)
Classifications
LC ClassificationsKFM4276.5.A2 A93 2003
The Physical Object
Paginationxv, 1, 62 p. ;
ID Numbers
Open LibraryOL3695487M
LC Control Number2003100517

Protected by the attorney-client privilege and work-product doctrine and that GM never waived those protections. The trial court ultimately entered an order denying GM’s motion and ruled that the Toth Memo is not protected by the attorney-client privilege or work-product doctrine because it had been circulated in the “public domain.”8 C.

The Attorney-Client Privilege and the Work-Product Doctrine has proven to be an invaluable resource for litigators and has been the ABA Section of Litigation’s bestseller since publication of the first newly revised sixth edition, two-volume set, has been updated with the most current developments in attorney-client privilege and work-product protection.

The attorney-client privilege and the work product doctrine in Michigan [Leonard M Niehoff] on *FREE* shipping on qualifying : Leonard M Niehoff. The work-product doctrine is more inclusive than attorney–client privilege.

Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other than the attorney him/herself: The materials may have been prepared by anybody as long as they were.

Overview. The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.

However, under Rule 26(b)(3) of the Federal Rules of Civil Procedure, an adverse party may discover or compel disclosure of work product upon. It should be remembered that the attorney work-product privilege is distinct from the other primary privileges recognized under Exemption 5, because the differences in protection can be substantial.

Unlike the attorney-client privilege, for example, work-product protection is not limited to communications between attorney and client. Prior Michigan Law § IV. Federal Rule § V. Cases Interpreting MRE A.

Accountant-Client Privilege 1. In General § 2. Cases § B. Attorney-Client Privilege 1. In General § 2. Attorney-Client Relationship § 3. Scope § 4. Waiver § 5. Who May Assert § C. Attorney Work-Product Privilege § • The work product doctrine (Chapters ).

• The process of asserting and litigating both protections (Chapters ). Attorney-Client Privilege. Chapter 2 introduces the attorney-client privilege, and provides some basic principles. • The attorney-client privilege stands alone as the oldest and most important evidentiary privilege.

Taylor, U.S. atthe work-product doctrine is distinct from and broader than the attorney-client privilege.”). 17 Hickman, U.S.() (Jackson, J. dissenting).

Paul D. Breitner is senior litigation counsel with The Barthet Firm in Miami, practicing primarily in areas of commercial and construction litigation.

Attorney-Client Privilege 1.

Details attorney-client privilege and the work-product doctrine in Michigan PDF

In General § 2. Attorney-Client Relationship § 3. Scope § 4. Waiver § 5. Who May Assert § C. Attorney Work-Product Doctrine § D. Clergy-Penitent Privilege § E.

Description attorney-client privilege and the work-product doctrine in Michigan PDF

Deliberative Process Privilege § F. Difficult questions can arise when 1) a disclosure of a communication or information protected by the attorney-client privilege or as work product is made in a state proceeding, 2) the communication or information is offered in a subsequent federal proceeding on the ground that the disclosure waived the privilege or protection, and 3) the state.

Attorney-Client Privilege and Work Product Doctrine Attorney-Client Privilege Elements • Legal advice of any kind is sought • From a professional legal advisor in that capacity • Communications made for that purpose • In confidence • By the client • At the client’s instance permanently protected • Unless privilege is waived.

The attorney-client privilege and work product doctrine are powerful weapons in a litigator's arsenal. They are often the primary means for preventing the disclosure of highly sensitive and potentially damaging documents in litigation.

The attorney-client privilege and work product doctrine share many similarities. This updated edition provides a current and perceptive examination of the attorney-client privilege and work-product doctrine. Written by a diverse and knowledgeable team of professionals, the book illustrates, and in many cases offers practical solutions to, the problems being addressed through the application and interpretation of these two.

The attorney-client privilege is one of the oldest evidentiary privileges in Anglo-American Law. See Annesley v. Anglesea, 17 How. (); Hunt v.

Blackburn, U.S. This section represents an overview of federal and state law regarding the attorney-client privilege as an evidentiary. Privilege Basics The attorney-client privilege is a common-law doctrine that allows you to withhold otherwise relevant information if you rea - sonably believe that the information contains either a request for legal advice or the giving of legal advice.

2 The theory behind the privilege is that a client should feel free to ask for legal advice. The Attorney-Client Privilege and Work-Product Doctrine has proven to be an invaluable resource for litigators and has been the ABA Section of Litigation’s bestseller since publication of the first edition.

This newly revised sixth edition has been updated with the most current developments in attorney-client privilege and work-product. The Attorney Client Privilege and the Work Product Doctrine directly examines the scope of a lawyer's responsibility to a client when called as a witness or when otherwise required to produce evidence.

It identifies the many misconceptions about the confidentiality of the information shared between attorney and client, and provides clear. His 1,page book, The Attorney-Client Privilege and The Work Product Doctrine: A Practitioner's Guide (3d edition ), is the definitive work on the topic.

He also prepared a Virginia-specific guide of only(!) pages, focusing the discussion on how the privilege and doctrine function in Virginia. Welcome to the McGuireWoods database of case summaries focusing on the attorney-client privilege and the work product doctrine.

This database supplements my two volume book entitled, The Attorney-Client Privilege and The Work Product Doctrine: A Practitioner's Guide published by the Virginia Law Foundation in Of course, every printed book becomes out-of-date as courts review.

"I wrote this book to describe attorney-client privilege and work product principles from the perspective of a practicing lawyer rather than an academician.

The attorney-client privilege is the most important doctrine that every lawyer must know, because every communication in which the lawyer engages can implicate that protection. The Work Product Doctrine in the State Courts John S. Holbrook Jr. University of Michigan Law School Follow this and additional works at: Part of the Civil Procedure Commons Recommended Citation John S.

Holbrook Jr., The Work Product Doctrine in the State Courts, 62 MICH. REV. Inthe Virginia Law Foundation published the latest version of Tom's book on the attorney-client privilege and the work product doctrine – a two-volume 1, page book discussing those topics on a national level (all profits go to the Foundation.) Tom has made available a page summary of the book, which you can access here.

Online shopping from a great selection at Books Store. The Attorney-Client Privilege and the Work-Product Doctrine bookRead or Download Now ?book= The attorney-client privilege is separate from and should not be confused with the work-product doctrine.

When the privilege may not apply. When an attorney is not acting primarily as an attorney but, for instance, as a business advisor, member of the Board of Directors, or in another non-legal role, then the privilege generally does not apply.

Download attorney-client privilege and the work-product doctrine in Michigan EPUB

Issue: Attorney-Client Privilege (also known as Legal Professional Privilege or Solicitor-Client Privilege) and Work-Product Protection (also known as Litigation Privilege) Significance: A robust application of the attorney-client privilege around the world is crucial in order “to encourage full and frank communication between attorneys and their clients” (Upjohn, U.S.

at ). The waiver analysis for the work product immunity is more forgiving than that of the attorney-client privilege, which, given the privileges’ respective purposes, is expected. A little more than 20 years ago, government entities in Florida lost the ability to invoke the attorney-client privilege in almost all meetings between the governing body and its government attorney.

1 Similarly, a little more than 25 years ago, government entities in Florida and government attorneys lost almost all claims of work product privilege under the public records law. 2 State. The policy of the attorney-client privilege, to further uninhibited dialogue between the client and attorney to best serve the client, is thereby furthered.

Rossi, 73 N.Y.3d at. Three years after suffering a sweeping attorney-client privilege loss, the federal court ruled that Baylor waived its work-product objections over its outside lawyers’ internal investigation materials.

And then it withh documents under the work-product doctrine. Work-Product At-Issue Waiver. Read Book Online Now ?book= The Attorney-Client Privilege and the Work-Product Doctrine.The Attorney-client Privilege and the Work-product Doctrine Hein's ABA Archive Microfiche Collection Section of Litigation's monograph series: Author: Edna Selan Epstein: Contributor: American Bar Association.

Section of Litigation: Publisher: American Bar Association, ISBN:Length: pages: Subjects.