Written by attorneys · grounded in primary & secondary sources — see below
An opportunity or ability to enter, approach, pass to and from, or communicate with a place, person, or thing.
Sources & Authorities· 38 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
How it applies
Common Examples
6
Discovery Request for Documents
Abigail Alvarez sued Astra Aerospace for breach of contract. Her counsel served requests seeking internal design files stored on a secure server. Astra refused production, claiming the files were irrelevant. The court ordered production after finding the materials relevant and proportional to the needs of the case, giving Abigail access to the information needed to prove her claims.
Lawyer Safeguards Client Files
Anthony Arnold represented Ariana Azizi in a commercial dispute. An associate left a laptop containing client emails in an unlocked conference room overnight. Upon discovery, Anthony immediately encrypted the device and restricted server permissions. These steps prevented unauthorized access to information relating to the representation.
Premarital Agreement Review
Arthur Abrams asked Ava Adebayo to sign a premarital agreement waiving spousal support rights. Ava had no independent counsel available before signing. A court later refused to enforce the agreement because Ava lacked access to independent legal representation at the time of execution.
Conversion by Blocking Access
Andre Antoine stored tools in a shared warehouse. Artemis Logistics stacked crates that completely blocked the only entrance to the storage area. Andre could no longer retrieve his equipment. The court held that Artemis had converted the tools by barring access to the chattel.
Partnership Record Inspection
Aether Technologies transferred its interest in Argonaut Shipping to a third party. The transferee demanded copies of the partnership's financial records. The managing partners denied the request. The transferee possessed only the right to receive distributions and lacked access to records concerning the partnership's business.
Elective Share Waiver Dispute
After her spouse's death, Abigail Alvarez sought to enforce a waiver of her elective share rights. She had signed the agreement without consulting her own attorney. The probate court declined to enforce the waiver because Abigail lacked access to independent legal representation when the document was executed.
Common questions
Frequently Asked
6
What factors determine whether discovery access is proportional under the rules?+
Courts weigh the importance of the issues, the amount in controversy, the parties' relative access to information, their resources, the importance of the discovery, and the burden versus benefit of production. Information need not be admissible to be discoverable if it meets these criteria.
How does a lawyer satisfy the duty to prevent unauthorized access to client information?+
A lawyer must make reasonable efforts to safeguard client information against inadvertent or unauthorized disclosure. This includes using secure systems, training staff, and promptly addressing any breaches that occur.
When does lack of access to independent counsel render a premarital or marital agreement unenforceable?
+
An agreement is unenforceable if the party against whom enforcement is sought proves that person lacked access to independent legal representation and the agreement failed to include required notices or explanations of waived rights.
What conduct constitutes conversion by barring access to a chattel?+
Conversion occurs when a defendant bars the possessor from accessing the chattel, among other acts that interfere with possession. The interference must be serious enough to deprive the owner of the right to use or control the property.
What rights does a transferee of a partnership interest have regarding records?+
A transferee generally has no right to participate in management or to access partnership records or information concerning the business, except as otherwise provided by statute or agreement.
Under what circumstances is a surviving spouse's waiver of elective share rights unenforceable for lack of counsel access?+
A waiver is unenforceable if the surviving spouse proves lack of access to independent legal representation at the time of execution, unless the agreement contained the required plain-language explanation of the rights being waived.
access
limitation amounts to an infringement of the right to vote. Rather, the States are granted substantial flexibility in establishing the framework within which voters choose the candidates…
Professional ResponsibilityClient confidentiality · Work-product doctrineMPREFoundational