Also known as: lawyer-client communication · lawyer client communications · lawyer client communication · attorney-client communications · client-lawyer communications
Written by attorneys · grounded in primary & secondary sources — see below
Confidential exchanges between a client and an attorney undertaken for the purpose of securing legal advice.
Harbor Utilities used predictive coding to review discovery in its suit against the Federal Trade Commission. A training error caused several emails between in-house counsel and executives to be produced. Harbor immediately notified the Commission and sought return under its clawback agreement. The court found no waiver because the disclosure was inadvertent and Harbor had taken reasonable preventive steps.
Landon Long sued his former employer after internal complaints. The district court ordered production of emails between Long and his counsel. Long sought immediate appellate review of the order. The Supreme Court held that postjudgment appeal provided adequate protection for the privilege claim.
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Luna Lang was arrested for murder. Her family retained counsel who arrived at the station and asked to speak with her. Police did not inform Lang of the lawyer's presence and continued questioning. The Court held that the failure to notify did not violate the privilege or due process.
Leah Lamb's counsel interviewed witnesses after a ship collision. The opposing party sought the interview notes. The Court distinguished the notes from ordinary attorney-client communications and required a showing of necessity before production.
Leonard Lowe consulted counsel about tax filings later alleged to be fraudulent. The government sought the communications and requested in camera inspection. The Court approved limited judicial review to determine whether the exception applied without destroying the privilege outright.
Yes. The privilege continues indefinitely after death to encourage full disclosure during life. A civil litigant cannot overcome it merely by showing need for the evidence.
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Waiver does not occur if the disclosure was inadvertent, the holder took reasonable steps to prevent it, and the holder promptly sought to rectify the error.
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Communications lose protection when made in the presence of third parties who can readily observe them or when the client voluntarily shares the content with outsiders.
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No. Abandoning established protocols under time pressure by assigning an unsupervised junior reviewer without sampling or attorney involvement renders the process unreasonable.
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…The court simply ordered production on the theory that the facts sought were material and were not privileged as constituting attorney-client communications. In our opinion, neither Rule 26 nor any other rule dealing with discovery contemplates production under such circumstances. That is not because the subject matter is privileged or…