Legal Professional Privilege For Corporations
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Author | : Andrew Higgins |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9780198702689 |
A comprehensive account of legal professional privilege as it applies to corporations covering four major common law jurisdictions: the UK, Australia, Canada and the United States. Higgins provides a practical set of principles to advise practitioners in the large number of areas where there is uncertainty in the law of privilege as it applies to corporate communications. This book will act as an invaluable guide to practitioners and judges trying to ascertain the often fine line between whether a corporate communication is privileged or not. In particular the book provides a concise overview of the law of privilege in the UK, Australia, Canada and the United States, and detailed consideration of: - The definition of the corporate client, which is still unresolved in England following the Court of Appeal's decision in Three Rivers No 5. - The legal advisers covered by the privilege in increasingly competitive legal services markets, including the position of in-house counsel, accountants and multi-disciplinary partnerships. - The key trends in the courts' application of the legal purpose test in connection with advice given by lawyers, and documents and communications made in anticipation of litigation. - The application of the privilege in 'intra-corporate' disputes between the company and shareholders, the company and its directors, as well as disputes between the company and third parties alleging a joint interest in the company's legal advice. - When corporate privilege is waived, including the emerging doctrine of limited waiver endorsed in some jurisdictions, the common-interest privilege exception to waiver, the extent of waiver over communications with experts when a party discloses an expert's report, and the rights of corporations to recover privilege material disclosed unintentionally. - The scope of the crime-fraud or iniquity exception and the procedures for claiming and challenging privilege. In examining these issue practitioners can compare and contrast the case law in their home jurisdictions with the approaches taken in other common law countries, which will be particularly helpful where there is limited domestic authority on point. Higgins addresses questions of principle and practice that are unique to, or commonly arise, in corporate contexts. In addition the book will provide lawyers and law makers with a critical examination of the rationale and scope of privilege, highlighting areas where a strong case can be made for more or less protection for corporate communications, or a redistribution of the benefits and burdens of privilege in intra-corporate disputes. The text is clearly laid out for quick access to information. It is an essential reference tool for practitioners in all fields of civil practice, and for students of Civil Procedure and Evidence.
Author | : Jerome G. Snider |
Publisher | : Law Journal Press |
Total Pages | : 870 |
Release | : 2023-11-28 |
Genre | : Law |
ISBN | : 9781588520876 |
Corporate Privileges and Confidential Information is designed to assist inside and outside counsel in negotiating obstacles to maintaining corporate secrecy.
Author | : Judith Seddon |
Publisher | : Law Business Research Ltd. |
Total Pages | : 987 |
Release | : 2018-01-19 |
Genre | : |
ISBN | : 1912377837 |
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.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.
Author | : Christopher S. Ruhland |
Publisher | : |
Total Pages | : 0 |
Release | : 2016-11 |
Genre | : Attorney and client |
ISBN | : 9781402427275 |
Attorney-Client Privilege Answer Book provides, in a Q&A format, clear answers to the questions that attorneys grapple with on a regular basis as to what is, or is not, covered by the attorney-client privilege.
Author | : Edna Selan Epstein |
Publisher | : American Bar Association |
Total Pages | : 1532 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318041 |
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
Author | : Nigel West |
Publisher | : The Law Society |
Total Pages | : 381 |
Release | : 2016-02-18 |
Genre | : Law |
ISBN | : 1784460443 |
The Solicitors Disciplinary Tribunal (SDT) has the power to strike off a solicitor from the roll, suspend a solicitor from practice, fine or reprimand a solicitor or make such other order as it thinks fit. Whilst over 90% of all cases brought before the SDT are brought by the SRA, it is open to anyone to bring a matter before it.This book provides a unique step-by-step guide to the law and practice of the Solicitors Disciplinary Tribunal, from the issue of proceedings through to appeal. Its practical approach will help anyone who wishes to avoid the common pitfalls faced by unfamiliar users of the Tribunal.It is the only comprehensive book available on SDT proceedings and it contains all the leading cases on Tribunal proceedings, many of which are not available on the internet, in one handy volume.
Author | : Sterling Miller (Lawyer) |
Publisher | : ABA Publishing |
Total Pages | : 322 |
Release | : 2017 |
Genre | : Corporate lawyers |
ISBN | : 9781634257923 |
"[The author] shares his insights, anecdotes, strategies, and practical tips learned from his 20+ years of experience as in-house counsel, general counsel, corporate secretary, and chief compliance officer. As author of the popular blog, 'Ten things you need to know as in-house counsel, ' Miller provides quick points that you can use in your everyday practice ... Whether you are new to an in-house department or a long-term veteran, the general counsel or just a basic contract lawyer, Ten Things You Need to Know as In-House Counsel provides you with guidance on: how to be a successful in-house counsel; being more productive every day; drafting documents and emails; how to negotiate; effectively managing outside counsel fees; trade secrets and protecting your company; dealing with the Board of Directors; preparing for when bad things happen; analyzing risk; and much more."--
Author | : Andrew Higgins |
Publisher | : |
Total Pages | : 353 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198863187 |
Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.
Author | : Colin Passmore |
Publisher | : |
Total Pages | : 700 |
Release | : 2017-12-31 |
Genre | : Attorney and client |
ISBN | : 9780414057531 |
The fourth edition of this highly practical book examines privilege in all its aspects in terms which will appeal to the practitioner and academic alike. The author's explanation of the subject is both detailed and analytical, providing the reader with a definitive, comprehensive and expertly written account. Explains the law of legal advice and litigation privilege in all its aspects Goes through the core principles of legal professional privilege, including its rationale and the nature of the right Looks at what constitutes privilege Identifies situations where privilege occurs Examines the boundaries of privilege Covers the circumstances when privilege is deemed to be lost Considers in detail `advice privilege¿ and `litigation privilege¿, covering the essential elements of both, the distinction between the two and matters specific to each such as the client-lawyer relationship, confidential communications and third party communications for `advice privilege¿, and legal proceedings, expert witnesses, witness statements, and criminal proceedings for `litigation proceedings¿ Assesses whether a documentary communication which was not made in privileged circumstances can subsequently to subject to legal professional privilege Deals with the consequences where the subject matter of a privileged communication is one in which two or more persons can establish a joint or common interest Addresses the general principles underlying the `crime-fraud exception¿¿, how it applies in both civil and criminal proceedings and the grounds on which it can be invoked Shows how a claim to privilege is made in civil litigation, when it can be challenged, the circumstances in which a court will exercise its right to inspect documents of which the claim to privilege is made and what happens when an order for production is made in respect of materials which are privileged in part only Takes into account the without prejudice privilege and how it differs from legal professional privilege Analyses key judgments which have established the principles of privilege