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Solicitor Client Privilege

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Solicitor Client Privilege

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Author : Adam Dodek
language : en
Publisher:
Release Date : 2014-03

Solicitor Client Privilege written by Adam Dodek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Attorney and client categories.

Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it."--pub. desc.

Solicitor Client Privilege

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Author : Faye McIntosh Janis
language : en
Publisher:
Release Date : 1979

Solicitor Client Privilege written by Faye McIntosh Janis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Attorney and client categories.

Solicitor Client Privilege In Canadian Law

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Author : Ronald D. Manes
language : en
Publisher: Butterworth-Heinemann
Release Date : 1993-01-01

Solicitor Client Privilege In Canadian Law written by Ronald D. Manes and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Attorney and client categories.

Attorney Client Privilege Answer Book

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Author : Christopher S. Ruhland
language : en
Publisher:
Release Date : 2018-11-07

Attorney Client Privilege Answer Book written by Christopher S. Ruhland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-07 with Law categories.

Attorney-Client Privilege Answer Book is a practical resource for attorneys and clients seeking to understand the most significant privilege in the practice of law. The book, written in question-and-answer format, examines the boundaries of the privilege, providing guidance on issues that attorneys grapple with on a regular basis as to what is, and is not, covered by the privilege, and how the privilege is protected and lost. Among the topics receiving in-depth treatment are what constitutes an "attorney," "client," and "communication" for purposes of the privilege; choice-of-law issues; waiver; and exceptions to the privilege.The 2019 edition is updated throughout, reflecting the most current state of the law. New material in the 2019 edition includes: A review of recent cases in which corporate clients claimed that communications with their vendors were privileged, due to the involvement of the corporation's attorneysA discussion of the circumstances under which an attorney's notes and other writings that are not communicated to a client may be protected by the attorney-client privilegeAn analysis of whether a client who takes action or makes a decision after consulting with an attorney can assert the attorney-client privilege to shield from disclosure the reasons for the client's action or decisionRevised and updated discussions of the way in which federal and state courts address the topic of subject matter waiver in different circumstances

The Law Of Privilege

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Author : Bankim Thanki
language : en
Publisher: Oxford University Press, USA
Release Date : 2011-08-18

The Law Of Privilege written by Bankim Thanki and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-18 with Law categories.

Providing solutions to specific issues which regularly arise in practice, this practical guide gives detailed and up to date coverage of all key aspects of privilege including legal advice privilege, joint and common interest privilege, and the privilege against self-incrimination as they apply to litigation and non-litigation situations.

Reconceiving Solicitor Client Privilege

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Author : Adam M. Dodek
language : en
Publisher:
Release Date : 2013

Reconceiving Solicitor Client Privilege written by Adam M. Dodek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.

Solicitor-Client Privilege is one of the oldest and most venerated doctrines under the common law. Over the past three decades, Canadian courts have transformed this limited evidentiary privilege into a powerful and preferred constitutional right. However, in so doing, Canadian courts have elevated rhetoric over reasoning. Justification for Solicitor-Client Privilege (the "Privilege") remains largely grounded in 19th century legal assertions. Contrary to so many other areas of Canadian public law, when it comes to the Privilege there is no contextual interpretation and no balancing of competing interests or rights. Moreover, there is not even a willingness on behalf of the Court to revisit the theoretical bases for the Privilege in any sort of comprehensive manner. Rather, the Privilege has become a critical element in the dominant mythology of the legal profession, seemingly impervious to critical analysis. Thus, the two dominant characteristics of judicial treatment of the Privilege in Canada are heightened protection and a lack of critical reflection about its purposes and its function. This article argues that it is time both for critical analysis and re-evaluation of the Privilege. This article argues that the Privilege should be uprooted from its 19th century utilitarian foundations and recast in decidedly rights-based terms. Such utilitarian arguments are fundamentally flawed and have created a monolithic sweeping Privilege that does not accord with the actual functioning of our legal system. A reconceived rights-based Privilege recognizes the different interests of clients - the persons for whom the Privilege exists - and constructs a flexible and contextual approach to the Privilege in response. A rights-based approach to the Privilege is anchored by the three pillars of dignity, autonomy and privacy and is directly linked to the right to counsel which protects such rights. As a result of this rights-based analysis, I argue for a strong demarcation between criminal and civil proceedings when it comes to the protection of the Privilege. In the criminal context, under a rights-based conception, existing or heightened protection for the Privilege would be afforded. However, a rights-based approach to the Privilege would lead to its scaling back in the civil context. Most notably, the Privilege would no longer be extended to organizations - corporations, governmental bodies and other associations - on the grounds that such entities are not human and therefore have no claim to dignity, autonomy and privacy as human rights.

Legal Professional Privilege

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Author : Jonathan Auburn
language : en
Publisher: Hart Publishing
Release Date : 2000-07-14

Legal Professional Privilege written by Jonathan Auburn and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-14 with Law categories.

Auburn, who has practiced and published in the areas of commercial law and evidence in both England and Australia, explores the principles underlying legal professional privilege and argues that we should be more skeptical of the claims made of the privilege and give more weight to the values underlying the disclosure of evidence. Takes a Commonwealth-wide approach, covering the law of England, Australia, Canada, New Zealand, and South Africa, as well as drawing on relevant principles from European and US law. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR