Application of the Attorney-Client Privilege to Disputes between Owners and Managers of Closely-Held Entities
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Authors
Santoni, Roland J.
Issue Date
1998
Type
Journal Article
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Abstract
INTRODUCTION|The attorney-client privilege is an evidentiary privilege. It protects communications made in confidence by a client to his attorney for the purpose of obtaining legal advice from disclosure in judicial proceedings. The privilege encourages a client to confide fully in his attorney by removing any risk of unauthorized disclosure of such communications. One reason for the privilege is the belief that full and open discussions between a client and his attorney will produce a more effective legal system and will benefit society. Another justification is that a client has an expectation of privacy when dealing with his attorney. |The attorney-client privilege is not unqualified; it may be waived by the client. Also, the courts have tailored certain exceptions where the justifications for the privilege are outweighed by the potential harm to society that may result from a failure to disclose the confidential information.|Interesting issues have arisen concerning the extent of protection afforded communications made by a corporation to its attorney. The rules of professional conduct require that attorneys respect confidences. Furthermore...
Description
Citation
31 Creighton L. Rev. 849 (1997-1998)
Publisher
Creighton University School of Law