Some Attorney Client Privilege Topics in the United States

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JUDGES

Appeal and review, district
judges’ decisions, et
seq.
JUDGMENTS, ORDERS, AND
DECREES
Consent decrees, monitoring
compliance with,
Final judgments,
For attorney’s eyes only orders,

Protective Orders
Stay of execution of judgment,
standard of review,
JURISDICTION
Conflict of laws,
LAST LINK
Benefactors,
LAW STUDENTS

LEGAL ADVICE OR
ASSISTANCE
to
Accounting and legal services,

Business associates,
Business context, intent of client
in,
Conduit of information or materials,
lawyer serving as,
Consent decrees, monitoring
compliance with,
Consultation
,
primary purpose, to
requests by client, necessity of,

Corporation, intent of client,
Custodian or repository of items,

Drafting

press releases,
real estate conveyances,
wills,
E-mail technology,
Final judgments, monitoring
compliance with,
In-house counsel,
Insurance claims investigated,

Intent or motive
corporate or business context,

seeking legal advice,
Internal investigations of illegal
activities,
Investigative services

insurance claims,
internal investigations of illegal
activities,
Legislative services,
Means of communication,
Messenger, lawyer serving as,

Ministerial services,
Mixture of legal and non legal services
affecting status of
confidentiality, ,
Monitoring compliance with judgments
or decrees,
Motive. Intent or motive, supra
Negotiations,
Non segregable parts of communication,

Other services not constituting
legal assistance,

Outside counsel,
Partial privilege of legal and non legal
communications, ,

Patent application preparation and
prosecution,
Preparation of tax return,
confidentiality,
Press releases, drafting of,
Presumption of legal advice,
to
Primary purpose requirement,
to
Real estate conveyances, drafting
of,
Repository of items,
Scrivener, lawyer serving as,

Self-initiated legal advice,
Special expertise, lack of as not
defeating privilege,
Tax advice and services, ,

Types of advice or services,
to
What constitutes,
Wills, drafting of,
Witness, lawyer serving as,
LEGISLATURE
Legal advice or assistance,
LIMITATIONS AND
RESTRICTIONS
Bill of discovery’s limitation on
scope of privilege,
Exceptions to privilege, limitation
on applicability of Garner
rule,
Limited liability companies,

Litigation limitations in America,

Partnerships,
Waiver and Estoppel
LIMITED LIABILITY
COMPANIES

Attorney Client Privilege in the United States

LIMITED PARTNERSHIPS

MAGISTRATES
Appeal and review, magistrates’
decisions,
MAILS AND MAILING
E-mail, communications by,

MANDAMUS
to
MASTERS

Assertion of claim, reference to
master,
MONITORS

MOTIVE
Intent or Motive
NAME AND ADDRESS
Confidentiality,
NOTICE AND KNOWLEDGE
Communications with client,
knowledge of attorney
acquired from,
Confidentiality, information as to
notices,
Fraud exception, knowledge of
attorney as element of,
Waiver and Estoppel
OBJECTIONS AND
EXCEPTIONS
Assertion of claim, to
Bill of discovery, exception to,

OFFICERS AND DIRECTORS
Corporations
OPEN MEETING LAWS
Exceptions to privilege,
ORDERS
Judgments, Orders, and Decrees

PARENT AND CHILD

PARTIAL PRIVILEGE
Legal and non legal communications,
,
Resolution of claim, redaction to
excise partially privileged
documents,
PARTNERSHIPS

Commencement of attorney-client
relationship for,
Limited partnerships,
PATENTS
Agents, ,
Confidentiality, patent application
preparation,
Exceptions to privilege,
Legal assistance in preparation
and prosecution,
PRESUMPTIONS AND BURDEN
OF PROOF
Appeal and review, petitioner’s
burden,
Assertion of claim, , ,

Choice of law,
Confidentiality, presumption of,

Exceptions to privilege, to
,
Joint defenses, burden of persuasion,

Legal advice, presumption of,
to
PROCEDURAL MATTERS
to

PRODUCTION OF
DOCUMENTS
Assertion of claim,
PROHIBITION WRIT
to
PROSPECTIVE CLIENTS

PROTECTIVE ORDERS
For attorney’s eyes only orders,

Procedure, to
Sample order,
PUBLIC MEETING LAWS
Exceptions to privilege,
RECEIVERS AND
RECEIVERSHIP
Waiver of privilege,
RECORDS AND REPORTS
Certificates and Certification

Communications
RELIANCE ON ADVICE OF
COUNSEL
Waiver, to
RESTRICTIONS
Limitations and Restrictions

SCOPE OF PRIVILEGE
to
Bill of discovery’ limitation on,

Exception to bill of discovery,

Expansion of attorney’s privilege,

Radclifie v Fursman, privilege
after, ,
Retrenchment of attorney’s privilege,

SEARCH AND SEIZURE

SELF-DEFENSE EXCEPTION
Waiver and Estoppel
SELF-INCRIMINATION

SIGNING AND SIGNATURE
Confidentiality, attorney observing
signature of client,
SIXTH AMENDMENT
,
SOLICITORS

SPECIAL COUNSEL

SPECIAL MASTERS

STANDING TO ASSERT CLAIM
,
STAY OF EXECUTION OF
JUDGMENT
Standard of review,
STOCKS AND
STOCKHOLDERS
Corporations
SUBROGATION

SUBSIDIARIES
Parent company communicating
with,
SUCCESSORS IN INTEREST

Corporate clients,
SUNSHINE LAWS
Exceptions to privilege,
Attorney Client Privilege in the United States

TAXATION
Certified public accountants,

Confidentiality, tax return preparation,

TELEPHONES
Confidentiality of client’s
telephone number,
TESTATORS

TESTS AND EXPERIMENTS
Control group test, to
Subject matter test,
TIME OR DATE
Beginning and end of privilege,

Confidentiality
Exceptions to privilege, ,

Partnerships, commencement of
attorney-client relationship,

Waiver and Estoppel
TORTS
Exceptions to privilege,
TRADEMARK AGENTS

TRUSTS AND TRUSTEES

Bankruptcy
UNINCORPORATED ENTITIES
to
Client, who is,
Members, entities existing for and
owned by,
Partnerships
Trade associations,
VENUE
Conflict of laws,
VICTIMS
Government attorney’s relationship
with victim,
WAIVER AND ESTOPPEL
to
Agents
attorney as agent of client,

executor of estate or trust,

individual clients,
Asserting claim making attorney client
communications relevant,
to
Attacks on counsel. Self-defense
exception, infra
Bankruptcy examiner, debtor in
possession,
Bankruptcy trustees

corporate trustees,
individual debtors,
successor-in-interest to management
of corporate debtor,

Collateral estoppel,
Common defense participants,
,
Corporate clients, to
Corporations
Criminal defendant, waiver of
joint privilege by,
Debtor and creditor. Bankruptcy
trustees, supra
Devisees,
Disclosures
inadvertent disclosures, infra
scope of waiver extending
beyond disclosed communication,
to
voluntary disclosures, infra
Evidence and witnesses
to

Evidence and witnesses—Cont’d
privileged communications,
evidentiary use of,
to
refreshing recollection with
attorney-client communications,
to

Exceptions to waiver by voluntary
disclosure
to
inadvertent disclosures, infra
Executor of estate or trust,
Heirs,
Implied authority to waive,
Inadvertent disclosures
exceptions to waiver by,
to
Individual clients,
,
Injecting attorney-client communications
into litigation,
to
Joint clients
,
Legatees,
Limited waiver
to
Receivers,
Refreshing recollection with
attorney-client communications, to
Reliance on advice of counsel,
to
Scope of waiver,
to
Selective waiver
scope extending beyond
disclosed communication,
to
Self-defense exception
to
third party actions against
attorney, to
Successor-in-interest to management
of corporate debtor,
bankruptcy trustee as,
Third parties
to .
bankruptcy trustees, supra
governmental entities,
Trusts and trustees,

Voluntary disclosure
to
exceptions to waiver by voluntary
disclosure, supra
WILLS
Exceptions to privilege,
Testator as client,